THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


CONSTITUTION 


AND 


OF 


THE  CHOCTAW  NATION. 


TOGETHER  "WITH  THE 


TREATIES 


OP 


1855,      1865      and      1866 


PUBLISHED  BY  AUTHORITY  AND  DIRECTION  OF  THE  GENERAL  COUNCIL 

BY 

JOSEPH  P.  FOLSOM, 

Commissioned  for  the  Purpose, 

CHAHTA    TAMAHA, 
1869. 


WM.  P.  LYON    &    SON,   PRINTERS  AND  PUBLISHERS, 

NEW  YORK  CITY. 


P  E  E  F  A  C  E . 


THIS  volume  is  believed  to  comprise  all  the  Laws  of  the 
Choctaw  Nation  now  in  force.  Every  effort  has  been  made 
to  render  it  as  complete  as  possible;  yet  it  is  probable 
that  some  laws  may  be  found  herein  which  have  been  re- 
pealed, and  a  few  omissions  may  be  detected.  In  some 
cases,  the  compiler  has  been  at  a  loss  to  decide  as  to  the 
present  validity  of  several  of  the  former  enactments,  having 
no  sufficient  data  for  his  guidance  ;  and  he  deemed  it  better 
and  safer,  in  such  cases,  to  give  them  a  place  in  this  volume, 
and  leave  the  question  of  validitv  and  force  thereof  to  be 
decided  by  the  proper  tribunal.  * 

The  compiler  has  been  for  some  time  engaged  in  trans- 
lating the  whole  of  this  work  into  our  native  language.  A 
perfect  and  faithful  translation  is  aimed  at — hence  it  is  a 
slow  work.  But  it  is  now  in  a  good  state  of  forwardness, 
and  will  be  printed  and  published  as  soon  as  practicable — 
in  all  probability  before  the  end  of  this  year. 

Choctaws  have,  for  several  years  past,  steadily  demanded 
to  have  the  laws  of  their  Nation  printed  in  one  volume. 
That  demand  is  now  met ;  and  they  will,  without  doubt,  duly 
appreciate  and  approve  of  the  same.  It  will  certainly  be 

567118 


4  PREFACE. 

found  valuable  for  reference,  and  a  guide,  should  it  become 
necessary  to  change  or  revise  the  organic  structure  of  our 
government,  in  compliance  with  treaty  stipulations  or  other- 
wise. 

The  compiler  may,  perhaps,  state  in  this  connection  that 
he  has  been  collecting  the  laws  ever  enacted  by  the 
Choctaws  —  commencing  with  the  earliest  enactments  east 
of  Mississippi,  and  down  to  this  time — and  has  succeeded 
so  well  as  to  entertain  a  hope  of  publishing  them  entire 
next  year.  It  is  thought  that  this  work  will  show  the  pro- 
gress of  cur  Nation  in  civil  government,  in  the  time  of 
nearly  fifty  years,  more  than  any  other  work. 

JOSEPH  P.  FOLSOM. 


CONSTITUTION 


OF     THE 


CHOCTAW   NATION, 


WE,  the  representatives  of  the  people  inhabiting  the  Choctaw 
Nation,  contained  within  the  following  limits,  to  wit  :  Beginning 
at  a  point  on  the  Arkansas  river,  one  hundred  paces  east  of  old  Fort 
Smith,  where  the  western  boundary  line  of  the  State  of  Arkansas 
crosses  the  said  river,  and  running  thence  due  south  to  Red  River  ; 
thence  up  Red  River  to  the  point  where  the  meridian  of  one 
hundred  degrees  west  longitude  crosses  the  same  ;  thence  north 
along  said  meridian  to  the  main  Canadian  river ;  thence  down 
said  river  to  its  junction  with  the  Arkansas  river  ;  thence  down 
said  river  to  the  place  of  beginning,  except  the  territory  bounded 
as  follows,  to  wit :  Beginning  on  the  north  bank  of  Red  River,  at 
the  mouth  of  Island  Bayou,  where  it  empties  into  Red  River, 
about  twenty-six  miles  on  a  straight  line,  below  the  mouth  of 
False  Washita  ;  thence  running  a  northwesterly  course  along  the 
main  channel  of  said  Bayou,  to  the  junction  of  the  three  prongs, 
of  said  Bayou,  nearest  the  dividing  ridge  between  Washita  and 
Low  Blue  rivers,  as  laid  down  on  Capt.  R.  L.  Hunter's  map ; 
thence  northerly  along  the  eastern  prong  of  Island  Bayou  to  its 
source ;  thence  due  north  to  the  Canadian  river ;  thence  west 
along  the  main  Canadian  to  the  ninety-eighth  degree  of  west 
longitude  ;  thence  south  to  Red  River  ;  and  thence  down  Red 
River  to  the  place  of  beginning  ;  Provided,  however,  if  the  line 
running  due  north  from  the  eastern  source  of  Island  Bayou,  to 
the  main  Canadian,  shall  not  include  Allen's  or  Wa-pa-nacka 


6  CONSTITUTION  OF  THE 

Academy  within  the  Chickasaw  District  ;  then  an  offset  shall 
be  made  from  said  line,  so  as  to  leave  said  Academy  two  miles 
within  the  Chickasaw  District  ;  north,  west,  and  south  from  the 
lines  of  boundary,  said  boundaries  being  the  limits  of  the  Chick- 
asaw District — assembled  in  Convention  at  the  town  of  Doaks- 
ville,  on  Wednesday,  the  eleventh  day  of  January,. one  thousand 
eight  hundred  and  sixty,  in  pursuance  of  an  act  of  the  General 
Council,  Approved  Oct.  24,  1859,  in  order  to  secure  to  the  citizens 
thereof  the  right  of  life,  liberty  and  property,  do  ordain  and  es- 
tablish the  following  Constitution  and  form  of  government,  and 
do  mutually  agree  with  each  other  to  form  ourselves  into  a  free 
and  independent  Nation,  not  inconsistent  with  the  Constitution, 
treaties  and  laws  of  the  United  States,  by  the  name  of  the  Choc- 
taw  Nation. 

DISTRICT  BOUNDAEIES. 

For  the  convenience  and  good  government  of  the  people  of  the 
Choctaw  Nation,  we  do  make,  ordain  and  establish  four  Districts 
in  this  Nation,  to  be  known  by  the  following  names  and  bounda- 
ries, viz  :  Mosholatubbee  District,  Pushamataha  District,  Apuck- 
shunnubbee  District,  and  Hotubbee  District. 

The  boundary  line  of  Mosholatubbee  District  shall  begin  near 
old  Fort  Smith,  where  the  Arkansas  boundary  line  crosses  the  Ar- 
kansas River  ;  thence  up  said  river  to  the  Canadian  Fork  ;  thence 
up  said  Canadian  to  where  the  Chickasaw  District  boundary  strikes 
the  same,  as  defined  by  the  Treaty  of  1855 ;  thence  along  the  said 
boundary,  to  where  it  strikes  the  dividing  ridge,  between  the  Ca- 
nadian and  Red  Rivers  ;  thence  easterly  along  said  dividing  ridge 
to  the  western  boundary  of  the  State  of  Arkansas  ;  thence  along 
said  Arkansas  line  to  the  beginning. 

The  boundary  of  Apuckshunnubbee  District  shall  begin  on  Red 
River,  where  the  Arkansas  State  line  strikes  the  same  ;  thence 
running  up  said  river  to  the  mouth  of  Kiamichi  ;  thence  up  said 
river  to  the  mouth  of  Jack's  Fork  ;  thence  up  said  Jack's  Fork  to 
the  old  military  road  ;  thence  along  said  road  to  the  boundary  line 
of  Mosholatubbee  District,  on  the  top  of  the  dividing  ridge,  be- 
tween the  Arkansas  and  Red  Rivers  ;  thence  easterly  along  said 


CHOCTAW   NATION.  7 

boundary  to  the  western  boundary  line  of  the  State  of  Arkansas  ; 
thence  along  the  said  State  line  to  the  beginning. 

The  boundary  of  Pushamataha  District  shall  begin  on  Red 
River,  at  the  mouth  of  Kiamichi  ;  thence  running  up  said  Red 
River  to  the  mouth  of  Island  Bayou,  to  where  the  eastern  bounda- 
ry line  of  the  Chickasaw  District  strikes  said  river,  as  defined  by 
the  Treaty  of  1855  ;  thence  along  said  boundary  line  to  the  divid- 
ing ridge  between  the  Canadian  and  Red  Rivers  ;  thence  easterly 
along  said  ridge  to  the  line  of  Mosholatubbee  District,  on  the  top 
of  the  dividing  ridge,  to  where  the  District  line  of  Apuckshun- 
nubbee  District  intersects  Mosholatubbee  District  ;  thence  south- 
erly along  said  line  to  the  beginning. 

The  boundaries  of  Hotubbee  District  shall  be  embraced  within 
the  limits  of  the  ninety-eighth  and  one  hundredth  degree  of  west 
longitude,  and  between  Red  River  and  Canadian  river,  known  as 
the  "  Lease  Land." 

ARTICLE  I. 

DECLARATION  OF  RIGHTS. — That  the  general,  great  and  essential 
principles  of  liberty  and  free  government  may  be  recognized  and 
established,  we  declare : 

SEC.  1. — That  all  free  men,  when  they  form  a  social  compact, 
are  equal  in  rights,  and  that  no  man  or  set  of  men  are  entitled  to 
exclusive,  separate  public  emolument  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services. 

SEC.  2. — That  all  political  power  is  inherent  in  the  people,  and 
all  free  government  are  founded  on  their  authority  and  established 
for  their  benefit,  and  therefore  they  have  at  all  times  an  inaliena- 
ble and  indefeasible  right  to  alter,  reform,  or  abolish  their  form 
of  government  in  such  manner  as  they  may  think  proper  or  ex- 
pedient. 

SEC.  3. — There  shall  be  no  establishment  of  religion  by  law. 
No  preference  shall  ever  be  given  by  law  to  any  religious  sects, 
society,  denomination  or  mode  of  worship.  And  no  religious  test 
shall  ever  be  allowed  as  a  qualification  to  any  public  trust  under 
this  government. 

SEC.  4. — No  human   authority  ought  in  any  case  whatever  to 


8  CONSTITUTION   OF  THE 

control  or  interfere  with  the  rights  of  conscience  in  matters  of 

v   •  "> 

religion. 

SEC.  5. — No  person  shall  for  the  same  offence  be  twice  put  in 
jeopardy  of  life  or  limb,  nor  shall  any  person's  property  be  taken 
or  applied  to  public  use  without  the  consent  of  the  General  Coun- 
cil, and  without  just  compensation  being  first  made  therefor. 

SEC.  6. — No  person  shall  ever  be  appointed  or  elected  to  any 
office  in  this  nation  for  life  or  during  good  behaviour,  but  the 
tenure  of  all  offices  shall  be  for  some  limited  period  of  time,  if  the 
person  appointed  or  elected  thereto  so  long  behave  well. 

SEC.  7. — The  right  of  trial  by  jury  shall  remain  inviolate. 

SEC.  8. — Every  citizen  has  a  right  to  bear  arms  in  defence  of 
himself  and  his  country. 

SEC.  9. — That  the  printing-press  shall  be  free  to  every  person, 
and  no  law  shall  ever  be  made  to  restrain  the  rights  thereof. 
The  free  communication  of  opinion  is  one  of  the  inviolable  rights 
of  man,  and  every  citizen  may  freely  speak,  write,  and  print  on 
any  subject,  being  responsible  for  abuse  of  that  liberty. 

SEC.  10. — That  the  people  shall  be  secure  in  their  persons, 
houses,  papers  and  possessions  from  unreasonable  seizures  and 
searches,  and  that  no  warrant  to  search  any  place  or  to  seize  any 
person  or  thing  shall  issue,  without  describing  the  place  to  be 
searched  and  the  person  or  thing  to  be  seized  as  nearly  as  may 
be,  nor  without  probable  cause  supported  by  oath  or  affirmation. 
But  in  all  cases  where  suspicion  rests  on  any  person  or  persons  of 
conveying  or  secreting  whisky  or  other  intoxicating  liquors,  the 
same  shall  be  liable  to  search  or  seizure  as  may  be  hereafter  pro- 
vided by  law. 

SEC.  11. — That  no  free  man  shall  be  taken,  or  imprisoned,  or 
disseized  of  his  freehold  liberties  or  privileges,  or  outlawed,  or 
exiled,  or  in  any  manner  destroyed  or  deprived  of  his  life,  liberty, 
and  property,  but  by  the  judgment  of  his  peers  or  the  law  of  the 
land. 

SEC.  12. — No  person  shall  ever  be  imprisoned  for  debt. 

SEC.  13. — That  excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  or  unusual  punishments  inflicted. 

SEC.  14.  —That  all  courts  shall  be  open,  and  every  person  for  an 


CHOCTAW  NATION.  9 

injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  adminis- 
tered without  sale,  denial  or  delay. 

SEC.  15. — That  the  citizens  have  a  right  in  a  peaceable  manner, 
fto  assemble  together  for  their  common  good,  to  instruct  their 
representatives,  and  apply  to  those  invested  with  the  powers  of 
the  government  for  redress  of  grievances,  or  other  proper  pur- 
poses, by  petition,  address  or  remonstrance. 

SEC.  16. — That  no-power  of  suspending  laws  shall  be  exercised 
except  by  the  General  Council  or  its  authority. 

SEC.  It, — That  in  all  criminal  prosecutions,  the  accused  hath  a 
right  to  be  heard  by  himself  or  counsel,  or  both,  to  demand  the 
nature  and  cause  of  the  accusation,  to  be  confronted  by  the  wit- 
nesses against  him,  to  have  a  compulsory  process  for  obtaining 
witnesses  in  his  favor  ;  and  in  all  prosecutions  by  indictment  or 
information,  a  speedy  and  public  trial  by  an  impartial  jury  of  the 
county  or  district  where  the  offence  was  committed  ;  that  he  can- 
not be  compelled  to  give  evidence  against  himself,  nor  can  he  be 
deprived  of  his  life,  liberty,  or  property,  but  by  due  course  of 
law. 

SEC.  18. — That  all  prisoners  shall,  before  conviction,  be  bailable 
by  sufficient  securities,  except  for  capital  offences,  where  the 
proof  is  evident  or  the  presumption  great,  and  the  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in  case 
of  rebellion  or  invasion,  the  public  safety  may  require  it. 

SEC.  19. — That  the  General  Council  shall  have  power  to  pass 
general  laws  in  regard  to  the  collection  of  fines,  bonds,  forfeitures, 
and  court  fees,  and  direct  the  manner  of  such  collection. 

SEC.  20. — No  property  qualification  for  eligibility  to  office,  or 
for  the  right  of  suffrage,  shall  ever  be  required  by  law  in  this 
Nation. 

SEC.  21. — No  conviction  for  any  offence  shall  work  corruption 
of  blood  and  forfeiture  of  estate.  The  General  Council  shall  pass 
no  bill  of  attainder,  retrospective  law,  nor  law  impairing  the  obli- 
gation of  contracts. 


10  CONSTITUTION   OF   THE 

ARTICLE  II. 
DISTRIBUTION  OF  POWER. 

SEC.  1. — The  powers  of  government  of  the  Choctaw  Nation  shall 
be  divided  into  three  distinct  departments,  and  each  of  them  con- 
fined to  a  separate  body  of  magistracy,  to  wit :  Those  which  are 
legislative  to  one,  those  which  are  executive  to  another,  and  those 
which  are  judicial  to  another. 

SEC.  2. — No  person,  or  collection  of  persons,  being  of  one  of 
those  departments,  shall  exercise  any  power  properly  belonging 
to  either  of  the  others,  except  in  the  instances  hereafter  expressly 
directed  or  permitted  by  the  General  Council. 

ARTICLE  III. 

LEGISLATIVE   DEPARTMENT. 

r  SEC.  1. — The  legislative  power  of  this  Nation  shall  be  vested  in 
a  General  Council  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  and  the  style  of  their  laws  shall  be,  "  Be  it  en- 
acted by  the  General  Council  of  the  Choctaw  Nation  assembled." 

SEC.  2. — The  Senate  of  the  Choctaw  Nation  shall  be  composed 
of  four  Senators  from  each  district,  chosen  by  the  qualified  elec- 
tors thereof,  for  the  term  of  two  years. 

SEC.  3. — No  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  thirty  years  and  been  one  year  a  citizen  of 
this  Nation,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  District  at  least  six  months  preceding  his  election  for  which 
he  shall  be  chosen. 

SEC.  4. — The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  year  by  the  qualified  electors  in  the  sev- 
eral counties  of  each  district,  at  the  ratio  of  one  representative  to 
every  one  thousand  citizens  ;  nevertheless  when  there  is  a  frac- 
tional number  of  five  hundred  or  more  citizens  in  any  county, 
they  shall  be  entitled  to  one  additional  representative  ;  but  when 
the  population  of  any  one  of  the  counties  shall  not  reach  the  ratio 
of  one  thousand,  they  shall  still  be  allowed  one  representative. 


CHOCTAW    XATTOX.  11 

SEC.  5. — In  case  of  death,  resignation,  or  inability  of  any  of  the 
senators  or  representatives,  the  Principal  Chief  shall  have  the 
power  to  make  temporary  appointments  and  fill  vacancies  that 
may  occur  in  any  of  the  counties. 

SEC.  6. — Xo  person  shall  be  a  representative,  unless  he  be  a  citi- 
zen of  this  Nation,  and  shall  have  been  an  inhabitant  thereof  six 
months  next  preceding  his  election,  and  the  last  month  thereof  a 
resident  of  the  county  for  which  he  shall  be  chosen,  and  shall  have 
attained  the  age  of  tw«nty-one  years. 

SEC.  7. — The  House  of  Representatives,  when  assembled,  shall 
choose  a  Speaker  and  its  other  officers,  and  the  Senate  shall  choose 
a  President  and  its  officers,  and  each  shall  judge  of  the  qualifica- 
tions and  elections  of  its  own  members,  but  a  contested  election 
shall  be  determined  .in  such  manner  as  shall  be  directed  by  law.. 
A  majority  of  each  house  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such  manner  and. 
under  such  penalties  as  each  house  may  provide. 

SEC.  8. — Every  bill  which  shall  have  passed  both  houses  of  the 
legislature  shall  be  presented  to  the  Principal  Chief  ;  if  he  ap- 
prove, he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  ob- 
jections, to  the  house  in  which  it  shall  have  originated,,  who  shall, 
enter  the  objections  at  large  upon  the  journal  and  proceed  to  re- 
consider it ;  if,  after  such  re-consideration,  two-thirds  of  the 
members  present  shall  agree  to  pass  the  bill,  it  shall  be  sent  with 
the  objections  to  the  other  house,  by  which  it  shall  likewise  be  re- 
considered ;  if  approved  by  two-thirds  of  the  members  present  of 
that  house  it  shall  become  a  law,  but  in  such  case  the  vote  of- 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  members  voting  for  and  against  the  bill  be  entered  on  the 
journals  of  each  house  respectively  ;  if  any  bill  shall  not  be  re- 
turned by  the  Principal  Chief  within  three  days  (Sundays  ex- 
cepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
become  a  law  in  like  manner  as  if  he  had  signed  it.  Every  bill 
presented  to  the  Principal  Chief  one  day  previous  to  the  adjourn- 
ment of  the  legislature,  and  not  returned  to  the  house  in  which 
it  originated  before  its  adjournment,  shall  become  a  law,  and 


12  CONSTITUTION   OF  THE 

have  the  same  force  and  effect  as  if  signed  by  the  Principal 
Chief. 

SEC.  9. — Each  house  may  determine  the  rules  of  its  own  pro- 
ceedings, punish  members  for  disorderly  behavior,  and  with  the 
consent  of  two-thirds,  expel  a  member,  but  not  a  second  time  for 
the  same  cause. 

SEC.  10. — Each  house  shall  keep  a  journal  of  its  proceedings 
and  publish  the  same,  and  the  yeas  and  nays  of « the  members  of 
either  House,  on  any  question,  shall  at  the  desire  of  any  three 
members  present,  be  entered  on  the  journal. 

SEC.  11. — Each  house  may  punish  by  imprisonment,  during  the 
session,  any  person  not  a  member,  for  disrespectful  or  disorderly 
behavior  in  its  presence,  or  for  obstructing  any  of  its  proceed- 
ings, provided  such  imprisonment  shall  not  at  any  one  time  ex- 
ceed forty-eight  hours. 

SEC.  12. — Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

SEC.  13. — Each  member  of  the  General  Council  shall  receive 
from  the  public  treasury  a  compensation  for  his  services,  which 
may  be  increased  or  diminished  by  law  ;  but  no  increase  of  com- 
pensation shall  take  effect  during  the  session  at  which  such  in- 
crease shall  have  been  made. 

SEC.  14. — No  person  who  hsdh  heretofore  been,  or  hereafter  may 
be  a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in 
either  house  of  the  General  Council,  until  such  person  shall  have 
accounted  for,  and  paid  into  the  treasury,  all  sums  for  which  he 
may  be  accountable. 

SEC.  15. — The  first  election  for  Senators  and  Representatives 
shall  be  general  throughout  the  Nation,  and  shall  be  held  on  the 
first  Wednesday  in  August,  1860,  and  thereafter  there  shall  be 
biennial  elections  for  Senators. 

SEC.  16. — Senators  and  Representatives  shall,  in  all  cases,  ex- 
cept of  treason,  felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the  General  Council,  and  in  going  to 
and  returning  from  the  same. 


CHOCTAW  NATION.  13 

ARTICLE  IV. 
JUDICIAL  DEPARTMENT. 

SEC.  1. — The  judicial  power  of  this  Nation  shall  be  vested  in 
one  Supreme  Court,  in  Circuit  and  County  Courts. 

SEC.  2. — Until  Hotubbee  District  shall  be  duly  organized,  and 
officers  elected  therein  under  this  Constitution,  the  Supreme  Court 
shall  be  composed  of  three  Supreme  Judges,  one  to  be  chosen 
from  Apuckshunubbee  District,  one  from  Pushamataha  District, 
and  one  from  Mosholatubbee  District,  one  of  whom  shall  be  styled, 
Chief  Justice,  and  two  of  whom  shall  constitute  a  quorum  to  do 
business. 

SEC.  3. — The  Supreme  Court  shall  have  no  jurisdiction  but  such 
as  properly  belongs  to  a  court  of  errors  and  appeals. 

SEC.  4. — The  Supreme  Judges  shall  have  power  to  issue  writs 
and  other  process  necessary  to  the  exercise  of  their  appellate  juris- 
diction, and  shall  have  original  jurisdiction  only  in  such  cases  as 
may  hereafter  be  provided  by  law,  and  shall  be  conservators  of 
the  peace  throughout  the  Nation. 

SEC.  5. — The  Circuit  Courts  shall  be  composed  of  one  Circuit 
Judge  in  each  District,  and  shall  have  original  jurisdiction  in  all 
criminal  cases  which  shall  not  be  otherwise  provided  for  by  law, 
and  exclusive  original  jurisdiction  of  all  crimes  amounting  to 
felony,  and  original  jurisdiction  of  all  civil  cases  which  shall  not 
be  cognizable  before  the  Judges  of  the  county,  until  otherwise 
directed  by  law,  and  original  jurisdiction  in  all  matters  of  con- 
tracts, and  in  all  matters  of  controversy  where  the  same  is  over 
fifty  dollars.  It  shall  hold  its  term  at  such  times  and  places  in 
each  district  as  are  now  specified  by  law  or  may  hereafter  be  pro- 
vided. 

SEC.  6. — The  Circuit  Courts  shall  exercise  a  superintending 
control  over  the  County  Courts,  and  shall  have  power  to  issue  all 
necessary  writs  and  process  to  carry  into  effect  their  general  and 
specific  powers  under  such  regulations  and  restrictions  as  may  be 
provided  by  law. 

SEC.  7. — The  Circuit  Judge  in  each  District  shall  be  elected  by 


14  CONSTITUTION   OF  THE 

the  qualified  voters  of  their  respective  Districts,  and  the  General 
Council  by  a  joint  vote  of  both  houses  shall  elect  the  Supreme 
Judges.  Any  person  receiving  the  highest  number  of  votes  cast 
shall  be  elected. 

SEC.  8. — The  Judges  of  the  Supreme  Court  shall  be  at  least 
thirty  years  of  age,  and  the  Circuit  Judge  of  the  Circuit  Courts 
shall  be  at  least  twenty-five  years  of  .age  before  they  shall  be  eli- 
gible to  hold  the  office,  and  when  elected  they  shall  serve  for  the 
term  of  four  years  from  the  date  of  their  commission  ;  they  shall 
appoint  their  own  clerks  under  such  provisions  as  the  law  may 
prescribe. 

SEC.  9. — The  Judges  of  the  Supreme  Court  and  Circuit  Courts 
shall  at  stated  times  receive  such  compensation  for  their  services, 
which  shall  not  be  increased  or  diminished  during  the  term  for 
which  they  are  elected,  as  may  be  determined  by  law.  They  shall 
not  be  allowed  any  fees  or  perquisites  of  office. 

SEC.  10. — There  shall  be  a  court  established  in  each  county  of 
this  Nation,  to  be  called  County  Courts,  which  shall  have  jurisdic- 
tion in  all  matters  relative  to  disbursement  of  money  for  county 
purpose,  and  in  every  other  case  that  may  be  necessary  to  the 
internal  improvements  and  local  concerns  of  their  respective 
counties. 

SEC.  11. — The  Judges  of  the  County  Courts  shall  in  no  case 
have  jurisdiction  to  try  and  determine  any  criminal  case  or  penal 
offence  against  this  Nation,  but  may  sit  as  examining  courts,  and 
commit,  discharge,  or  recognize  to  the  court  having  jurisdiction 
for  further  trial  of  all  offences  against  the  peace  and  dignity  of 
this  Nation ;  for  the  foregoing  purposes,  they  shall  have  power 
to  issue  all  necessary  writs  and  process,  to  bind  any  person  to 
keep  the  peace,  or  to  give  security  for  his  good  behavior. 

SEC.  12. — The  county  Judges  shall  be  elected  by  the  qualified 
electors  of  their  respective  counties,  and  shall  be  commissioned 
by  the  Principal  Chief,  and  shall  hold  their  office  for  the  term 
of  two  years. 

SEC.  13. — No  Judge  shall  preside  on  the  trial  of  any  cause  in  the 
event  of  which  he  may  be  interested,  or  where  either  of  the 
parties  shall  be  connected  to  him  by  affinity  or  consanguinity 


CHOCTAW  NATION.  15 

within  such  degrees  as  may  be  prescribed  by  law,  or  in  which  he 
may  have  been  of  council,  or  have  presided  in  any  Circuit  or 
County  Courts,  except  by  consent  of  all  the  parties.  In  case  any 
or  all  of  the  Judges  of  the  Supreme  Court  shall  be  thus  disqualified 
from  presiding  on  any  cause,  or  causes,  the  Court  or  Judges  thereof 
shall  certify  the  same  to  the  Principal  Chief  of  the  Nation,  who 
shall  immediately  commission  the  requisite  number  of  men  learned 
in  the  law  for  the  trial  and  determination  thereof.  But  in  case 
such  disqualification  should  take  place  in  any  of  the  Circuit  or 
County  Judges,  the  Circuit  or  County  Judge  shall  have  the  power 
to  appoint  a  substitute  for  that  particular  case  for  which  he  may 
be  disqualified. 

SEC.  14. — Judges  shall  not  charge  juries  with  regard  to  matter 
of  fact,  but  may  state  the  testimony  and  declare  the  law. 

SEC,  15. — There  shall  be  a  prosecuting  Attorney  elected  in  each 
District  by  the  qualified  electors  of  their  respective  District  whose 
compensation  and  term  of  service  shall  be  prescribed  by  law. 

SEC.  16. — The  General  Council  shall  have  power  by  law  to 
prescribe  the  manner  of  holding  and  determining  suits  in  the  Cir- 
cuit and  County  Courts  and  the  manner  of  granting  appeals. 

SEC.  17. — The  County  Judges  in  addition  to  their  respective 
duties  that  may  be  required  of  them  by  law,  shall  be  Judges  of 
the  Courts  of  Probate  and  have  such  jurisdiction  in  matters  rela- 
tive to  the  estate  of  deceased  persons,  executors,  administrators 
and  guardians  as  may  be  prescribed  by  law,  until  otherwise 
directed  by  the  General  Council. 

SEC.  18. — Writs  and  other  process  shall  run  in  the  name  of  the 
Choctaw  Nation,  and  bear  test  and  be  signed  by  the  Clerks  of  their 
respective  Courts  from  which  they  issue,  and  all  indictments  shall 
conclude  against  the  peace  and  dignity  of  the  Choctaw  Xatiou. 

SEC.  19. — The  General  Council  shall  provide  by  law  for  deter- 
mining contested  elections  of  County  Judges. 

SEC.  20. — The  Supreme  Court  shall  be  held  twice  in  each  year 
at  the  Seat  of  Government  of  the  Choctaw  Nation. 

SEC.  21. — The  County  Judges  shall  appoint  their  own  Clerks 
who  shall  act  as  Treasurer  of  the  County. 


16  CONSTITUTION   OP  THE 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

SEC.  1.  The  supreme  executive  power  of  the  Choctaw  Nation 
shall  be  vested  in  one  Principal  Chief,  assisted  by  three  subordi- 
toate  District  Chiefs,  who  shall  hold  their  respective  offices  for  the 
term  of  two  years  from  the  time  of  their  installation.  But  they 
shall  not  be  eligible  for  the  same  office  for  more  than  two  terms  in 
succession. 

SEC.  2. — The  Principal  Chief  of  the  Choctaw  Nation  shall  be 
ejected  by  the  qualified  electors  of  the  Choctaw  Nation,  and  the 
subordinate  Chiefs  of  the  Choctaw  Nation  shall  be  elected  by  the 
qualified  electors  of  their  respective  Districts  on  the  first  Wednes- 
day in  August,  Eighteen  Hundred  and  Sixty,  and  every  two  years 
thereafter. 

SEC.  3. — The  returns  of  every  election  for  Principal  Chief  shall 
be  made  out,  sealed  up  and  transmitted  to  the  Supreme  Judges  of 
each  District,  to  be  forwarded  by  him  to  the  National  Secretary 
who  shall  deliver  them  to  the  Speaker  of  the  House  of  Represen- 
tatives during  the  first  week  of  its  organization,  who  shall  pro- 
ceed to  open  and  count  the  votes  in  the  presence  of  both  houses  of 
the  General  Council,  and  the  person  having  the  highest  number  of 
votes  shall  be  declared  Principal  Chief  by  the  Speaker.  But  if  two 
or  more  shall  be  equal  or  highest  in  votes,  then  one  of  them  shall 
be  chosen  Principal  Chief  by  the  joint  ballot  of  both  houses  of  the 
General  Council ;  but  the  returns  of  every  election  for  District 
and  County  Officers  shall  be  made  out,  sealed  and  transmitted  to 
the  Supreme  Judge  of  each  District  who  shall  proceed  to  open, 
take  an  abstract,  and  declare  what  candidates  for  District  and 
County  Officers  are  elected,  and  forward  a  true  copy  of  the  same 
to  the  National  Secretary  who  shall  file  them  in  his  office  for  safe 
keeping. 

SEC.  4. — In  case  of  death,  resignation  or  removal  of  the  Prin- 
cipal Chief,  the  President  of  the  Senate  shall  exercise  the  duties  of 
Principal  Chief,  until  the  next  regular  election  for  that  office ;  but 
should  the  vacancy  be  on  account  of  the  inability  of  the  Principal 


CHOCTAW   NATION.  17 

Chief  to  discharge  his  duties,  the  President  of  the  Senate  shall 
exercise  the  said  duties  until  such  inability  shall  be  removed. 

SEC.  5. — In  case  of  any  vacancy  occurring  in  the  office  of  Dis- 
trict Chiefs,  the  Principal  Chief  shall  have  the  power  to  appoint  a 
Chief  pro.  tern,  in  the  District  where  such  vacancy  may  occur  until 
the  next  regular  election  for  that  office. 

o 

SEC.  6. — No  person  shall  be  eligible  to  the  office  of  Principal  or 
District  Chief  unless  he  shall  have  attained  the  age  of  thirty  years, 
and  have  been  an  inhabitant  of  the  Choctaw  Nation  at  least  five 
years  next  preceding  his  election. 

SEC.  7. — The  Principal  Chief  shall  from  time  to  time  give  to  the 
General  Council  information  of  the  state  of  the  Government,  and 
recommend  to  their  consideration  such  measures  as  he  may  deem 
expedient. 

SEC.  8. — The  Principal  Chief  shall  take  care  that  the  laws  be 
faithfully  executed. 

SEC.  9. — The  Principal  Chief  may,  by  proclamation,  on  extraor- 
dinary occasions  convene  the  General  Council  at  the  Seat  of  Gov- 
ernment, or  at  a  different  place  if  that  have  become  since  their 
last  adjournment,  dangerous  from  an  enemy  or  from  contagious 
disease. 

SEC.  10. — In  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  Principal  Chief  may  adjourn 
them  to  such  a  time  as  he  shall  think  best,  not  beyond  the  day  of 
the  next  meeting  of  the  General  Council. 

SEC.  11. — All  vacancies  which  may  occur  in  office  that  are 
elective  by  the  People  or  General  Council,  the  Principal  Chief 
shall  have  the  power  to  fill  such  vacancies  by  appointment  until 
the  next  regular  election. 

SEC.  12. — No  person  shall  hold  the  office  of  Principal  or  District 
Chief,  and  any  other  office  or  commission,  either  in  this  Nation,  or 
under  any  State,  or  in  the  United  States  or  any  power,  at  one  and 
the  same  time. 

SEC.  13. — The  District  Chiefs  shall  have  such  superintending 
control  over  the  affairs  of  their  respective  districts  as  may  be  pre- 
scribed by  the  General  Council.  It  shall  be  their  duty  to  have  the 
laws  properly  enforced  within  their  respective  limits.  They  shall 

2 


18  CONSTITUTION   OF  THE 

from  time  to  time  report  to  the  Principal  Chief  such  information 
respecting  the  affairs  of  their  Districts,  and  recommend  for  his  con- 
sideration such  measures  as  they  may  deem  expedient. 

SEC.  14. — A  Sheriff  and  Ranger  shall  be  elected  in  each  County 
by  the  qualified  electors  thereof,  who  shall  hold  their  office  for  the 
term  of  two  years  unless  sooner  removed.  And  it  shall  be  the 
duty  of  the  District  Chiefs  to  appoint  a  competent  number  of  light 
horsemen  in  their  respective  Districts  as  may  hereafter  be  provided 
by  law,  who  shall  hold  their  offices  for  the  term  of  two  years 
unless  sooner  removed. 

SEC.  15. — The  Principal  Chief,  National  Secretary,  National 
Treasurer,  National  Auditor,  and  National  Attorney,  shall  reside 
at  or  near  the  seat  of  government. 

SEC.  16. — The  Principal  Chief  shall  be  head-commander  of  the 
militia  of  this  Nation. 

ARTICLE  VI. 

IMPEACHMENTS. 

SEC.  1. — The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching. 

SEC.  2. — All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose,  the  Senators  shall  be  on  oath  or  affirma- 
tion. No  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

SEC.  3. — The  chiefs  and  all  civil  officers  shall  be  liable  to  im- 
peachment for  any  misdemeanor  in  office,  but  judgment  in  such 
case  shall  not  extend  further  than  removal  from  office  and  dis- 
qualification to  hold  any  office  of  honor,  trust  or  profit  under  this 
Nation,  but  the  party  convicted  shall  nevertheless  be  liable,  and 
subject  to  indictment,  trial,  and  punishment  according  to  law  as 
in  other  cases. 

ARTICLE  VII. 

GENERAL  PROVISIONS. 

SEC.  1. — Until  Hotubbee  District  shall  be  duly  organized,  the 
Principal  Chief  of  the  Choctaw  Nation  shall  exercise  such  au- 


CHOCTAW    NATION.  19 

thority  over  the  citizens  of  this  Nation,  living  in  that  District,  as 
he  may  deem  expedient  for  the  protection  of  person,  life,  and 
property. 

SEC.  2. — No  person  shall  be  Principal  Chief,  or  Subordinate 
Chief,  Senator,  or  Representative,  unless  he  be  a  free  male  citizen 
of  the  Choctaw  Nation,  and  a  lineal  descendant  of  the  Choc- 
taw  or  Chickasaw  race. 

SEC.  3. — The  General  Council  shall  have  the  power  to  deter- 
mine what  county  Or  counties  shall  be  entitled  to  elect  one  or 
more  Senators  in  the  several  Districts  of  this  Nation. 

SEC.  4. — Members  of  the  General  Council  and  other  officers, 
both  executive  and  judicial,  before  they  enter  upon  the  duties  of 
their  respective  offices  shall  take  the  following  oath  or  affirmation, 
to  wit :  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that 
I  will  support  the  Constitution  of  the  Choctaw  Nation,  and  that  I 
will  faithfully  and  impartially  discharge,  to  the  best  of  my  abilities, 

the  duties  of  the  office  of according  to  law.  So  help 

me  God. 

SEC.  5. — The  General  Council  shall  have  the  power  to  deter- 
mine the  compensation  of  the  Principal  Chief,  District  Chiefs,  and 
other  officers  of  the  Nation,  which  compensation  shall  not  be  in- 
creased or  diminished  for  the  term  of  years  they  are  elected  or  ap- 
pointed. 

SEC.  6. — The  General  Council  shall  have  power  by  law  to  specify 
the  manner  in  which  offenders  against  the  laws  of  this  Nation, 
who  may  escape  into  the  United  States,  or  into  any  Indian  Na- 
tion, or  from  one  district  into  another  in  this  Nation,  shall  be  de- 
manded, apprehended,  and  arraigned  for  trial  in  the  several  courts 
of  this  Nation,  having  original  jurisdiction  thereof. 

SEC.  7. — Every  free  male  citizen  of  this  Nation  who  shall  havo 
attained  to  the  age  of  eighteen  years,  and  who  shall  have  been  a 
citizen  of  this  Nation  six  months,  shall  be  deemed  a  qualified  elec- 
tor, and  shall  be  entitled  to  vote  in  the  county  or  district  where 
he  may  have  actually  resided  at  least  one  month  preceding  the 
election  for  each  and  every  office  made  elective  in  this  Nation. 

SEC.  8. — All  general  elections  shall  be  by  ballot  ;  and  the  elec- 
tors in  all  cases,  except  in  cases  of  treason,  felony,  and  breach  of 


20  CONSTITUTION    OF    THE 

the  peace,  shall  be  privileged  from  arrest  during  their  attendance 
at  elections  and  on  going  to  and  returning  therefrom. 

SEC.  9. — The  General  Council  shall  have  the  power  by  law  to 
establish  one  or  more  precincts  in  each  county  in  the  several  dis- 
tricts of  this  Nation,  and  prescribe  the  mode  and  manner  of  hold- 
ing and  conducting  elections. 

SEC.  10. — The  oath  of  office  may  be  administered  by  any  of  the 
Judges  of  this  Nation  until  the  General  Council  shall  otherwise 
direct. 

SEC.  11. — The  General  Council  shall  have  the  power  to  pass 
such  laws  and  measures  as  they  shall  deem  expedient  for  the 
general  good  of  the  Choctaw  people,  provided  no  law  be  passed 
or  adopted  contrary  to  the  provisions  of  this  Constitution. 

SEC.  12. — The  mode  of  declaring  war  in  this  Nation  shall  be  by 
at  least  two-thirds  of  the  members  of  the  General  Council  in  full 
Council,  with  the  approval  of  the  Principal  Chief,  unless  in  case  of 
actual  invasion  by  an  enemy,  in  which  case  the  people  shall  have 
the  right  to  defend  themselves  until  the  Council  is  convened  by 
proclamation  of  the  Principal  Chief,  and  measures  of  defence  pre- 
scribed. 

SEC.  13. — The  Principal  Chief  shall  have  the  power,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  Commissioners, 
or  Delegates,  to  transact  such  business  as  may  become  expedient 
to  the  Choctaw  Nation,  and  all  other  officers  whose  appointments 
are  not  herein  or  otherwise  provided  for. 

SEC.  14. — The  General  Council  of  the  Choctaw  Nation  shall  have 
the  power  to  pass  such  laws  as  they  may  deem  expedient  to 
punish  rebellion,  treason  and  other  high  crimes  against  the  Nation. 

SEC.  15. — All  contested  elections  for  Principal  Chief  and  other 
officers  shall  be  determined  as  the  law  may  prescribe. 

SEC.  16. — The  General  Council  shall  have  the  power  to  create 
by  law  such  regulations  and  commissions,  and  appoint  Superin- 
tendents and  such  other  officers,  as  the  case  may  be,  required  for 
the  promotion  and  advancement  of  all  the  schools  in  this  Nation. 

SEC.  17. — Eighteen  thousand  dollars  of  the  interest  money  arising 
from  the  Chickasaw  fund,  granted  to  the  Choctaws  by  convention 
held  and  concluded  at  Doaksville,  shall  be  set  apart  annually  for 


CHOCTAW  NATION.  21 

educational  purposes,  and  the  remaining  seven  thousand  dollars 
shall  be  set  apart,  annually,  to  be  expended  as  the  law  may  here- 
after direct. 

SEC.  18. — Any  citizen  of  this  Nation  who  may  find  any  mine  or 
mines,  or  mineral  waters,  shall  have  exclusive  right  and  privilege 
to  work  the  same,  so  long  as  he  may  choose,  within  one  mile  in 
any  direction  from  his  works  or  improvements  ;  provided,  however, 
he  does  not  interfere  with  the  rights  of  the  former  settler. 

SEC.  19. — No  person  who  denies  the  being  of  a  God,  or  a  future 
state  of  rewards  and  punishments,  shall  hold  any  office  in  the 
Civil  Department  of  this  Nation,  nor  shall  be  allowed  his  oath  in 
any  Court  of  Justice. 

SEC.  20. — The  Treasurer  of  this  Nation,  together  with  all  other 
persons  who  may  be  intrusted  with  public  money  shall  be  required 
to  give  such  bond  and  security  as  may  be  prescribed  by  law. 

SEC.  21. — No  laws  of  a  general  nature,  unless  otherwise  pro- 
vided for,  shall  be  enforced  until  sixty  days  after  the  passage 
thereof. 

SEC.  22. — No  money  shall  be  drawn  from  the  Treasury  but  in 
consequence  of  an  appropriation  made  by  law;  an  accurate  state- 
ment of  the  receipts  and  expenditures  of  public  moneys  shall  be 
attached  to  and  published  with  the  laws,  at  every  regular  session 
of  the  General  Council. 

SEC.  23. — That  all  the  provisions  in  the  Constitution,  now  in 
existence,  and  not  revised  or  adopted  by  this  Constitution,  are 
hereby  declared  null  and  void  ;  and  that  any  law  which  may  be 
passed  contrary  to  the  provisions  herein  specified  shall  be  null 
and  void  ;  and  all  rights  and  powers  not  herein  granted  or 
expressed  shall  be  reserved  unto  the  people. 

SEC.  24. — Divorces  from  the  bond  of  matrimony  shall  not  be 
granted  but  in  cases  provided  for  by  law. 

ARTICLE  VIII. 

MILITIA. 

SEC.  1. — The  General  Council  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  of  this  Nation,  in  such  manner  as  they 


22  CONSTITUTION  OF  THE 

shall  deem  expedient,  not  incompatible  with  the  Constitution, 
Treaties  and  Laws  of  the  United  States,  in  relation  thereto. 

SEC.  2. — Officers  of  the  Militia  shall  be  elected  or  appointed  in 
such  manner  as  the  General  Council  shall  from  time  to  time  direct, 
and  shall  be  commissioned  by  the  Principal  Chief. 

SEC.  3. — The  Principal  Chief  shall  have  power  to  call  forth  the 
militia  to  execute  the  laws  of  the  Nation,  to  suppress  insurrections 
and  repel  invasions. 

ARTICLE  IX. 

MODE  OF  AMENDING  AND  KEVISING  THE  CONSTITUTION. 

SEC.  1. — Whenever  a  majority  of  the  members  of  the  General 
Council  assembled  shall  deem  it  necessary,  they  may  propose  an 
amendment  or  amendments  to  this  Constitution ;  which  amendment 
shall  be  submitted  by  the  National  Secretary,  at  least  four  months 
preceding  the  next  regular  election,  at  which  the  qualified  voters 
shall  vote  directly  for  and  against  such  proposed  amendment,  or 
amendments  ;  and  if  it  shall  appear  that  a  majority  of  the  quali- 
fied voters  shall  have  voted  in  favor  of  such  amendment  or  amend- 
ments, then  the  same  may  be  incorporated  as  a  part  of  this  Con- 
stitution at  the  next  succeeding  General  Council. 

SEC.  2. — And  if  at  any  time  two-thirds  of  the  Senate  and  the 
House  of  Kepresentatives  shall  think  it  necessary  to  revise  and 
change  this  entire  Constitution,  they  shall  recommend  to  the 
electors,  at  the  next  election  for  members  of  the  General  Council, 
to  vote  for  or  against  the  Convention,  and  it  shall  appear  that  a 
majority  of  the  electors  voting  at  such  election,  have  voted  in 
favor  of  calling  a  Convention,  the  General  Council  shall,  at  its  next 
session,  provide  by  law  for  calling  a  Convention,  to  be  holden 
within  six  months  after  the  passage  of  such  law;  and  such  Conven- 
tion shall  consist  of  Delegates  equal  to  the  number  of  members  in 
the  House  of  Representatives  of  the  General  Council. 

SCHEDULE. 

SEC.  1. — All  matters  now  pending  in  the  several  courts  of  this 
Nation,  shall  be  transferred  to  such  courts  as  may  have  proper 
jurisdiction  thereof  under  this  Constitution. 


CHOCTAW  NATION.  23 

SEC.  2. — All  rights,  prosecutions,  claims  on  contracts,  as  well  of 
individuals  as  bodies  corporate,  and  laws  now  in  force  at  the  time 
of  the  adoption  of  this  Constitution,  and  not  inconsistent  there- 
with, until  altered  or  repealed  by  the  General  Council,  shall  re- 
main in  full  force. 

SEC.  3. — Any  special  appointments  or  contracts  heretofore  made 
and  approved  under  existing  laws  or  resolutions  of  the  General 
Council,  shall  be  approved  by  the  Principal  Chief  of  this  Nation, 
and  the  appointees  -commissioned,  and  contracts  so  made  ratified 
by  him. 

SEC.  4. — In  order  that  no  inconvenience  may  result  to  the  pub- 
lic service,  from  the  taking  effect  of  this  Constitution,  no  office 
shall  be  suspended,  nor  any  laws  relative  to  the  duties  thereof  be 
changed  or  abrogated,  until  the  officers  elected  and  appointed  un- 
der this  Constitution  shall  be  duly  qualified  and  enter  upon  their 
respective  duties. 

SEC.  5. — Immediately  after  the  governor  of  this  Nation  shall 
make  proclamation  that  this  Constitution  is  ratified  by  the  people, 
then  it  shall  be  the  duty  of  the  President  of  this  Convention  to 
give  notice  forthwith  to  all  the  Probate  Judges  in  this  Nation, 
directing  them  to  hold  an  election  on  the  first  Wednesday  in 
August,  A.  D.  1860,  for  a  Principal  Chief  and  all  other  officers, 
district  and  county,  provided  for  in  this  Constitution,  to  be  con- 
ducted in  the  manner  prescribed  by  the  existing  election  laws  ; 
should  there  be  any  vacancy,  however,  in  the  office  of  Probate 
Judge,  then  it  shall  be  the  duty  of  any  of  the  county  officers  to 
order  the  said  elections. 

SEC.  6. — The  returns  for  the  elections  above  directed  shall  be 
sent  sealed  to  the  President  of  this  Convention,  who  shall  open 
and  publish  the  same,  giving  certificates  to  those  whom  the  re- 
turns show  to  be  chosen  for  the  various  officers  ;  the  returns  for 
Principal  Chief  shall  be  transmitted  as  the  Constitution  directs. 

SEC.  1. — The  President  of  this  Convention  shall  call  to  his  as- 
sistance two  or  more  competent  persons  to  aid  him  in  making  out 
the  returns  of  the  said  elections. 

SEC.  8. — In  the  event  the  President  of  this  Convention  should 
die,  then  the  returns  of  the  elections  for  Principal  Chief  and  other 


24:  CONSTITUTION  OF  THE 

officers,  shall  be  transmitted  to  the  National  Secretary,  who  shall 
proceed  as  in  manner  above  directed. 

SBC.  9. — Until  apportionment  shall  be  made  by  law,  in  pursu- 
ance of  this  Constitution,  for  the  election  of  Senators,  the  counties 
of  three  Districts,  singly  and  severally,  shall  elect  a  Senator  or 
Senators  for  members  to  the  General  Council  as  follows  : 


IN  APUKSHANUBBEE  DISTRICT. 

Towson  County,  -    One  Senator. 

Cedar  County, ) 

_17  [      -        •        •        One  Senator. 

Wade  County,  ) 

Red  River  County,  l 

D  ii*«  1 1    n  r  •        "        •    One  Senator. 

Boktucklo  County, ) 

Eagle  County,        ) 

One  Senator. 
Nashoba  County,  ) 


IN   PtJSHAMATAHA  DISTRICT. 

Kiamichi  County,  -        -        -    One  Senator. 

Blue  County,  -  One  Senator. 

Atoka  County,    -  ...     One  Senator. 

Jack's  Fork  County,  -                One  Senator. 


IN   MOSHOLATUBBEE  DISTRICT. 

Sugar-Loaf  County,     -  -     One  Senator. 

Skullyville  County,          -  One  Senator. 

Sans  Bois  County,       -  -     One  Senator. 

Gaines  County,      ) 

-  One  Senator. 
Tobucksy  County, ) 


SEC.  10.-— The  first    election   ror   members  to    the   House    of 
Representatives,  under  this  Constitution,  shall  consist  of  a  num- 


CHOCTAW   NATION.  25 

ber  of  members  equal  to  the  apportionment  under  the  existing 
laws. 

GEOKGE  HUDSON, 

President  of  the  Convention. 
W.  A.  DIBRELL,  Clerk. 

DELEGATES  OF  THE  CONVENTION  : 

FORBIS  LEFLORE, 

L.  P.  PITCHLYNN, 

ELLIS  W.  FOLSOM, 

WM.  McCOY, 

JOSEPH  DUKES, 

WM.  S.  PATTON, 

EDMOND  GARDNER, 

JOSEPH  P.  FOLSOM, 

JOHN  PICKEN  (his  +  mark) 

STEPHEN  HOLSON, 

S.  P.  WILLIS,          x  | 

ALFRED  SHONJ5*.  \j 

PLINY  FISK, 

SIMON  CONKLIL, 

PISTAMBEE, 

PETER  WATSON  (his  +  mark), 

DANIEL  MILLER, 

ADAM  NAIL, 

DAVIS  KING. 


OF    THE 


CHOCTAW    NATION, 


SEC.  1. — The  National  Secretary,  National  Treasurer,  National 
Auditor,  and  National  Attorney  shall  be  elected  by  the  qualified 
electors  of  this  Nation,  who  shall  hold  their  offices  for  the  term  of 
two  years  and  until  their  successors  are  elected  and  qualified,  un- 
less sooner  removed  ;  and  they  shall  perform  such  duties  as  may 
be  prescribed  by  law. 

SEC.  2. — The  seat  of  government  shall  be  permanently  fixed  at 
Armstrong  Academy,  and  shall  be  called  and  known  as  Chahta 
Tamaha,  and  the  first  and  all  future  sessions  of  the  General  Coun- 
cil shall  commence  on  the  first  Monday  of  October,  1863,  and 
each  and  every  year  thereafter,  and  shall  be  held  at  the  Chahta 
Tamaha  aforesaid. 


TREATY  OF  1855.  27 


TREATY 

BETWEEN 

THE    UNITED    STATES 

AND    THE 


Articles  of  agreement  and  convention  between  the  United 
States  and  the  Choctaw  and  Chickasaw  tribes  of  Indians,  made 
and  concluded  at  the  city  of  Washington,  the  twenty-second  day 
of  June,  A.  D.  one  thousand  eight  hundred  and  fifty-five,  by 
George  W.  Manypenny,  commissioner  on  the  part  of  the  United 
States  ;  Peter  P.  Pitchlynn,  Israel  Fulsom,  Samuel  Garland,  and 
Dixon  W.  Lewis,  commissioners  on  the  part  of  the  Choctaws  ;  and 
Edmund  Pickens  and  Sampson  Folsom,  commissioners  on  the  part 
of  the  Chickasaws. 

Whereas,  the  political  connection  heretofore  existing  between 
the  Choctaw  and  the  Chickasaw  tribes  of  Indians,  has  given  rise 
to  unhappy  and  injurious  dissensions  and  controyersies  among 
them,  which  render  necessary  a  re-adjustment  of  their  relations  to 
each  other  and  to  the  United  States  :  and  whereas,  the  United 
States  desire  that  the  Choctaw  Indians  shall  relinquish  all  claim 
to  any  territory  west  of  the  one  hundredth  degree  of  west  longi- 
tude, and,  also,  to  make  provision  for  the  permanent  settlement 
within  the  Choctaw  country,  of  the  Wichita  and  certain  other 
tribes  or  bands  of  Indians,  for  which  purpose  the  Choctaws  and 
Chickasaws  are  willing  to  lease,  on  reasonable  terms,  to  the 


28  TREATY  OF  1855. 

United  States,  that  portion  of  their  common  territory  which  is 
west  of  the  ninety-eighth  degree  of  west  longitude:  and,  whereas, 
the  Choctaws  contend  that,  by  a  just  and  fair  construction  of  the 
treaty  of  September  27,  1830,  they  are,  of  right,  entitled  to  the 
net  proceeds  of  the  lands  ceded  by  them  to  the  United  States,  un- 
der said  treaty,  and  have  proposed  that  the  question  of  their  right 
to  the  same,  together  with  the  whole  subject-matter  of  their  un- 
settled claims,  whether  national  or  individual,  against  the  United 
States,  arising  under  the  various  provisions  of  said  treaty,  shall 
be  referred  to  the  Senate  of  the  United  States  for  final  adjudica- 
tion and  adjustment :  and,  whereas,  it  is  necessary  for  the  simpli- 
fication and  better  understanding  of  the  relations  between  the 
United  States  and  the  Choctaw  Indians,  that  all  their  subsisting 
treaty  stipulations  be  embodied  in  one  comprehensive  instru- 
ment : 

Now,  therefore,  the  United  States  of  America,  by  their  Commis- 
sioner, George  W.  Mannypenny;  the  Choctaws,  by  their  Commis- 
sioners, Peter  P.  Pitchlyn,  Israel  Folsom,  Samuel  Garland,  and 
Dixon  W.  Lewis;  and  the  Chickasaws,  by  their  Commissioners, 
Edmund  Pickens  and  Sampson  Folsom,  do  hereby  agree  and  stipu- 
late as  follows,  viz  : 

ARTICLE  I. 

The  following  shall  constitute  and  remain  the  boundaries  of  the 
Choctaw  and  Chickasaw  country,  viz  :  Beginning  at  a  point  on  the 
Arkansas  River,  one  hundred  paces  east  of  old  Fort  Smith,  where  the 
western  boundary  line  of  the  State  of  Arkansas  crosses  the  said 
river,  and  running  thence  due  south  to  Red  River ;  thence  up  Red 
River  to  the  point  where  the  meridian  of  one  hundred  degrees 
west  longitude  crosses  the  same ;  thence  north  along  said  meridian 
to  the  main  Canadian  River;  thence  down  said  river  to  its  junction 
with  the  Arkansas  River;  thence  down  said  river  to  the  place  of 
beginning. 

And  pursuant  to  an  Act  of  Congress,  approved  May  28,,  1830, 
the  United  States  do  hereby  forever  secure  and  guarantee  the 
lands  embraced  within  the  said  limits  to  the  members  of  the  Choc- 
taw and  Chickasaw  tribes,  their  heirs  and  successors,  to  be  held 


TREATY   OF   1855.  29 

in  common;  so  that  each  and  every  member  of  either  tribe  shall 
have  an  equal,  undivided  interest  in  the  whole  :  Provided,  however, 
no  part  thereof  shall  ever  be  sold  without  the  consent  of  both 
tribes;  and  that  said  land  shall  revert  to  the  United  States  if  said 
Indians  and  their  heirs  become  extinct,  or  abandon  the  same. 

ARTICLE  H. 

A  district  for  the  Chickasaws  is  hereby  established,  bounded  as 
follows,  to  wit :  beginning  on  the  north  bank  of  Red  River,  at  the 
mouth  of  Island  Bayou,  where  it  empties  into  Red  River,  about 
twenty-six  miles  on  a  straight  line,  below  the  mouth  of  False 
Wachitta;  thence  running  a  northwesterly  course  along  the  main 
channel  of  said  Bayou  to  the  junction  of  the  three  prongs  of  said 
Bayou,  nearest  the  dividing  ridge  between  Wachitta  and  Low  Blue 
Rivers,  as  laid  down  on  Capt.  R.  L.  Hunter's  map ;  thence  northerly 
along  the  eastern  prong  of  Island  Bayou  to  its  source;  thence  due 
north  to  the  Canadian  River;  thence  west  along  the  main  Cana- 
dian to  the  ninety-eighth  degree  of  west  longitude;  thence  south 
to  Red  River ;  and  thence  down  Red  River  to  the  beginning : 
Provided,  however,  if  the  line  running  due  north  from  the  eastern 
source  of  Island  Bayou,  to  the  main  Canadian,  shall  not  include 
Allen's  or  Wa-pa-nacka  Academy  within  the  Chickasaw  District, 
then,  an  offset  shall  be  made  from  said  line,  so  as  to  leave  said 
Academy  two  miles  within  the  Chickasaw  District,  north,  west 
and  south  from  the  lines  of  boundary. 

ARTICLE  III. 

The  remainder  of  the  country  held  in  common  by  the  Choctaws 
and  Chickasaws,  shall  constitute  the  Choctaw  District,  and  their 
officers  and  people  shall  at  all  times  have  the  right  of  safe  conduct 
and  free  passage  through  the  Chickasaw  District. 

ARTICLE  IV. 

The  government  and  laws  now  in  operation  and  not  incompatible 
with  this  instrument,  shall  be  and  remain  in  full  force  and  effect 


30  TREATY  OF   1855. 

within  the  limits  of  the  Chickasaw  District,  until  the  Chickasaws 
shall'adopt  a  Constitution,  and  enact  Laws,  superseding,  abrogating, 
or  changing  the  same.  And  all  judicial  proceedings  within  said  dis- 
trict, commenced  prior  to  the  adoption  of  a  Constitution  and  Laws 
by  the  Chickasaws,  shall  be  conducted  and  determined  according 
to  existing  laws. 

ARTICLE  V. 

The  members  of  either  the  Choctaw  or  the  Chickasaw  tribe  shall 
have  the  right,  freely,  to  settle  within  the  jurisdiction  of  the  other, 
and  shall  thereupon  be  entitled  to  all  the  rights,  privileges,  and 
immunities  of  citizens  thereof;  but  no  member  of  either  tribe  shall 
be  entitled  to  participate  in  the  funds  belonging  to  the  other  tribe. 
Citizens  of  both  tribes  shall  have  the  right  to  institute  and  prose- 
cute suits  in  the  courts  of  either,  under  such  regulations  as  may, 
from  time  to  time,  be  prescribed  by  their  respective  legislatures. 

ARTICLE  VI. 

Any  person  duly  .charged  with  a  criminal  offence  against  the 
laws  of  either  the  Choctaw  or  the  Chickasaw  tribe,  and  escaping 
into  the  jurisdiction  of  the  other,  shall  be  promptly  surrendered, 
upon  the  demand  of  the  proper  authorities  of  the  tribe,  within 
whose  jurisdiction  the  offence  shall  be  alleged  to  have  been  com- 
mitted. 

ARTICLE  VH. 

So  far  as  may  be  compatible  with  the  Constitution  of  the  United 
States  and  the  laws  made  in  pursuance  thereof,  regulating  trade 
and  intercourse  with  the  Indian  tribes,  the  Choctaws  and  the 
Chickasaws  shall  be  secured  in  the  unrestricted  right  of  self- 
government  and  full  jurisdiction  over  persons  and  property, 
within  their  respective  limits;  excepting,  however,  all  persons 
with  their  property,  who  are  not  by  birth,  adoption,  or  otherwise, 
citizens  or  members  of  either  the  Choctaw  or  Chickasaw  tribe ;  and 
all  persons,  not  being  citizens  or  members  of  either  trrbe,  found 
within  their  limits,  shall  be  considered  intruders,  and  be  removed 


TREATY  OF  1855.  31 

from,  and  kept  out  of  the  same,  by  the  United  States  Agent, 
assisted  if  necessary  by  the  military,  with  the  following  excep- 
tions, viz:  Such  individuals  as  are  now,  or  may  be  in  the  employ- 
ment of  the  Government  and  their  families;  those  peacefully  tra- 
veling, or  temporarily  sojourning  in  the  country,  or  trading 
therein,  under  license  from  the  proper  authority  of  the  United 
States;  and  such  as  may  be  permitted  by  the  Choctaws  or  Chicka- 
saws,  with  the  assent  of  the  United  States  Agent,  to  reside  within 
their  limits,  without  becoming  citizens  or  members  of  either  of  said 
tribes. 

ARTICLE  Vm. 

In  consideration  of  the  foregoing  stipulations,  and  immediately 
upon  the  ratification  of  this  Convention,  there  shall  be  paid  to  the 
Choctaws,  in  such  manner  as  their  National  Council  shall  direct, 
out  of  the  National  Fund  of  the  Chickasaws,  held  in  trust  by  the 
United  States,  the  sum  of  one  hundred  and  fifty  thousand  dollars. 

ARTICLE  EX. 

The  Choctaw  Indians  do  hereby  absolutely  and  for  ever  quit 
claim  and  relinquish  to  the  United  States  all  their  right,  title  and 
interest  in,  and  to  any  and  all  lands,  west  of  the  one  hundred  de- 
gree of  west  longitude  ;  and  the  Choctaws  and  Chickasaws  do 
hereby  lease  to  the  United  States  all  that  portion  of  their  com- 
mon territory  west  of  the  ninety-eighth  degree  of  west  longitude, 
for  the  permanent  settlement  of  the  Wichita  and  such  other 
tribes  or  bands  of  Indians  as  the  Government  may  desire  to 
locate  therein;  excluding,  however,  all  the  Indians  of  New 
Mexico,  and  also,  those  whose  usual  ranges  at  present,  are  north 
of  the  Arkansas  River,  and  whose  permanent  locations  are  north 
of  the  Canadian  River,  but  including  those  bands  whose  permanent 
ranges  are  south  of  the  Canadian,  or  between  it  and  the  Arkansas ; 
which  Indians  shall  be  subject  to  the  exclusive  control  of  the 
United  States,  under  such  rules  and  regulations,  not  inconsistent 
with  the  rights  and  interests  of  the  Choctaws  and  Chickasaws,  as 
may  from  time  to  time  be  prescribed  by  the  President  for  their 


32  TREATY  OF   1855. 

government.  Provided,  however,  the  territory  so  leased  shall 
remain  open  to  settlement  by  Choctaws  and  Chickasaws  as  here- 
tofore. 

ARTICLE  X. 

In  consideration  of  the  foregoing  relinquishment  and  lease,  and, 
as  soon  as  practicable  after  the  ratification  of  this  Convention,  the 
United  States  will  pay  to  the  Choctaws  the  sum  of  six  hundred 
thousand  dollars,  and  to  the  Chickasaws  the  sum  of  two  hundred 
thousand  dollars,  in  such  manner  as  their  General  Councils  shall 
respectively  direct. 

AETICLE  XI. 

The  Government  of  the  United  States,  not  being  prepared  to 
assent  to  the  claim  set  up  under  the  treaty  of  September  the 
twenty-seventh,  eighteen  hundred  and  thirty,  and  so  earnestly  con- 
tended for  by  the  Choctaws  as  a  rule  of  settlement,  but  justly 
appreciating  the  sacrifices,  faithful  services,  and  general  conduct 
of  the  Choctaw  people,  and  being  desirous  that  their  rights  and 
claims  against  the  United  States  shall  receive  a  just,  fair,  and 
liberal  consideration ;  it  is  therefore  stipulated  that  the  following 
questions  be  submitted  for  adjudication  to  the  Senate  of  the  United 
States : 

First — Whether  the  Choctaws  are  entitled  to,  or  shall  be  allowed, 
the  proceeds  of  the  sale  of  the  lands  ceded  by  them  to  the  United 
States,  by  the  treaty  of  September  the  twenty-seventh,  eighteen 
hundred  and  thirty,  deducting  therefrom  the  cost  of  their  survey 
and  sale,  and  all  just  and  proper  expenditures  and  payments  under 
the  provisions  of  said  treaty;  and,  if  so,  what  price  per  acre  shall 
be  allowed  to  the  Choctaws  to  the  lands  remaining  unsold,  in  order 
that  a  final  settlement  with  them  may  be  promptly  effected.  Or, 

Second — Whether  the  Choctaws  shall  be  allowed  a  gross  sum,  in 
further  and  full  satisfaction  of  all  their  claims,  national  and  indivi- 
dual, against  the  United  States  ;  and,  if  so,  how  much. 

ARTICLE  XII. 
In  case  the  Senate  shall  award  to  the  Choctaws  the  net  proceeds 


TREATY   OF   1855.  33 

of  the  lands,  ceded  as  aforesaid,  the  same  shall  be  received  by- 
them  in  full  satisfaction  of  all  their  claims  against  the  United 
States,  whether  national  or  individual,  arising  under  any  former 
treaty;  and  the  Choctaws  shall  thereupon  become  liable  and  bound 
to  pay  all  such  individual  claims  as  may  be  adjudged  by  the  pro- 
per authorities  of  the  tribe  to  be  equitable  and  just — the  settlement 
and  paj-ment  to  be  made  with  the  advice  and  under  the  direction 
of  the  United  States  Agent  for  the  tribe;  and  so  much  of  the  fund 
awarded  by  the  Senate  to  the  Choctaws,  as  the  proper  authorities 
thereof  shall  ascertain  and  determine  to  be  necessary  for  the  pay- 
ment of  the  just  liabilities  of  the  tribe,  shall  on  their  requisition 
be  paid  over  to  them  by  the  United  States.  But  should  the  Senate 
allow  a  gross  sum,  in  further  and  full  satisfaction  of  all  their 
claims,  whether  national  or  individual,  against  the  United  States, 
the  same  shall  be  accepted  by  the  Choctaws,  and  they  shall  there- 
upon become  liable  for.  and  bound  to  pay,  all  the  individual  claims 
as  aforesaid;  it  being  expressly  understood  that  the  adjudication 
and  decision  of  the  Senate  shall  be  final. 

ARTICLE  XIII. 

The  amounts  secured  by  existing  treaty  stipulations — viz:  per- 
manent annuity  of  three  thousand  dollars,  under  the  second  article 
of  the  treaty  of  eighteen  hundred  and  five;  six  hundred  dollars  per 
annum  for  the  support  of  light-horse  men,  under  the  thirteenth 
article  of  the  treaty  of  eighteen  hundred  and  twenty;  permanent 
annuity  of  six  thousand  dollars  for  education,  under  the  second 
article  of  the  treaty  of  eighteen  hundred  and  twenty-five  ; 
six  hundred  dollars  per  annum  permanent  provision  for  the  sup- 
port of  a  blacksmith,  under  the  sixth  article  of  the  treaty  of 
eighteen  hundred  and  twenty  ;  and  three  hundred  and  twenty 
dollars  permanent  provision  for  iron  and  steelr  under  the  ninth 
article  of  the  treaty  of  eighteen  hundred  and  twenty-five,  shall 
continue  to  be  paid  to,  or  expended  for  the  benefit  of,  the  Choc- 
taws as  heretofore  ;  or  the  same  may  be  applied  to  such  objects 
of  general  utility  as  may,  from  time  to  time,  be  designated  by  the 
General  Council  of  the  tribe,  with  the  approbation  of  the  govern 


34  TREATY   OF  1855. 

ment  of  the  United  States.  And  the  funds  now  held  in  trust  by 
the  United  States  for  the  benefit  of  the  Choctaws  under  former 
treaties,  or  otherwise,  shall  continue  to  be  so  held  ;  together  with 
the  sum  of  five  hundred  thousand  dollars  out  of  the  amount  paya- 
ble to  them  under  articles  eighth  and  tenth  of  this  agreement,  and 
also  whatever  balance  shall  remain,  if  any,  of  the  amount  that 
shall  be  allowed  the  Choctaws,  by  the  Seriate,  under  the  twelfth 
article  hereof,  after  satisfying  the  just  liabilities  of  the  tribe. 
The  sums  so  to  be  held  in  trust  shall  constitute  a  general  Choc- 
taw  fund,  yielding  an  annual  interest  of  not  less  than  five  per 
centum  ;  no  part  of  which  shall  be  paid  out  as  annuity,  but  shall 
be  regularly  and  judiciously  applied,  under  the  direction  of  the 
General  Council  of  the  Choctaws,  to  the  support  of  their  govern- 
ment, for  purposes  of  education,  and  such  other  objects  as  may  be 
best  calculated  to  promote  and  advance  the  improvement,  wel- 
fare, and  happiness  of  the  Choctaw  people  and  their  descendants. 

ARTICLE  XIV. 

The  United  States  shall  protect  the  Choctaws  and  Chickasaws 
from  domestic  strife,  from  hostile  invasion,  and  from  aggression 
by  other  Indians  and  white  persons  not  subject  to  their  jurisdic- 
tion and  laws  ;  and  for  all  injuries,  resulting  from  such  invasion 
or  aggression,  full  indemnity  is  hereby  guaranteed  to  the  party 
or  parties  injured,  out  of  the  treasury  of  the  United  States,  upon 
the  same  principle  and  according  to  the  same  rules  upon  which 
white  persons  are  entitled  to  indemnity  for  injuries  or  aggressions 
upon  them,  committed  by  Indians. 

ARTICLE  XV. 

The  Choctaws  and  Chickasaws  shall  promptly  apprehend  and 
deliver  up  all  persons  accused  of  any  crime  or  offence  against  the 
laws  of  the  United  States,  or  any  State  thereof,  who  may  be  found 
within  their  limits,  on  demand  of  any  proper  officer  of  a  State  or 
of  the  United  States. 


TREATY   OF   1855.  35 

AETICLE  XVI. 

All  persons  licensed  by  the  United  States  to  trade  with  the 
Choctaws  and  the  Chickasaws,  shall  be  required  to  pay  to  the 
^respective  tribes  a  moderate  annual  compensation  for  the  land 
and  timber  used  by  them  ;  the  amount  of  such  compensation,  in 
each  case,  to  be  assessed  by  the  proper  authorities  of  said  tribe, 
subject  to  the  approval  of  the  United  States  agent. 

ARTICLE  XVTI. 

The  United  States  shall  have  the  right  to  establish  and  main- 
tain such  military  posts,  post  roads,  and  Indian  Agencies,  as  may 
be  deemed  necessary  within  the  Choctaw  and  Chickasaw  country, 
but  no  greater  quantity  of  land  or  timber  shall  be  used  for  said 
purposes  than  shall  be  actually  requisite  ;  and  if,  in  the  estab- 
lishment or  maintenance  of  such  posts,  post-roads,  and  agencies, 
the  property  of  any  Choctaw  or  Chickasaw  shall  be  taken,  in- 
jured or  destroyed,  just  and  adequate  compensation  shall  be  made 
by  the  United  States.  Only  such  persons  as  are,  or  may  be,  in 
the  employment  of  the  United  States,  or  subject  to  the  jurisdiction 
of  the  laws  of  the  Choctaws  or  Chickasaws,  shall  be  permitted  to 
farm  or  raise  stock  within  the  limits  of  any  of  said  military  posts 
or  Indian  Agencies.  And  no  offender  against  the  laws  of  either 
of  said  tribes  shall  be  permitted  to  take  refuge  therein. 

ARTICLE  XV  ill. 

The  United  States,  or  any  incorporated  company,  shall  have 
the  right  of  way  for  railroads,  or  lines  of  telegraphs,  through  the 
Choctaw  and  Chickasaw  country  ;  but  for  any  property  taken  or 
destroyed  in  the  construction  thereof,  full  compensation  shall  be 
made  to  the  party  or  parties  injured,  to  be  ascertained  and  de- 
termined in  such  manner  as  the  President  of  the  United  States 
shall  direct. 

ARTICLE  XIX. 
The  United  States  shall,  as  soon  as  practicable,  cause  the  east- 


36  TREATY   OF    1855. 

era  and  western  boundary  lines  of  the  tract  of  country  described 
in  the  1st  article  of  this  convention,  and  the  western  boundary  of 
the  Chickasaw  district,  as  herein  defined,  to  be  run  and  perma- 
nently marked. 

ARTICLE  XX. 

That  this  convention  may  conduce,  as  far  possible,  to  the  resto- 
ration and  preservation  of  kind  and  friendly  feeling  among  the 
Choctaws  and  Chickasaws,  a  general  amnesty  of  all  past  offences, 
committed  within  their  country,  is  hereby  declared. 

And  in  order  that  their  relations  to  each  other  and  to  the  United 
States  may  hereafter  be  conducted  in  a  harmonious  and  satisfac- 
tory manner,  there  shall  be  but  one  Agent  for  the  two  tribes. 

ARTICLE  XXL 

This  convention  shall  supersede  and  take  the  place  of  all  former 
treaties  between  the  United  States  and  the  Choctaws,  and,  also, 
of  all  treaty  stipulations  between  the  United  States  and  the 
Chickasaws,  and  between  the  Choctaws  and  Chickasaws,  incon- 
sistent with  this  agreement,  and  shall  take  effect  and  be  obliga- 
tory upon  the  contracting  parties,  from  the  date  hereof,  whenever 
the  same  shall  be  ratified  by  the  respective  councils  of  the  Chec- 
taw  and  Chickasaw  tribes,  and  by  the  President  and  Senate  of  the 
United  States. 

ARTICLE  XXII. 

It  is  understood  and  agreed  that  the  expenses  of  the  respective 
commissioners  of  the  two  tribes,  signing  these  articles  of  agree- 
ment and  convention,  in  coming  to,  and  returning  from  this  city, 
and  while  here,  shall  be  paid  by  the  United  States. 


TREATY   OF   1866.  37 


ANDREW  JOHNSON,. 

• 

PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 

To  all  and  singular  to  whom  these  presents  shall  come,  greet- 
ing : 

Whereas,  a  Treaty  was  made  and  concluded  at  the  city  of 
Washington,  in  the  District  of  Columbia,  on  the  twenty-eighth^^ 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-six,  by  and  between  Dennis  N.  Cooley,  Elijah  Sells,  and 
E.  S.  Parker,  Commissioners  on  the  part  of  the  United  States;  and 
Alfred  Wade,  Allen  Wright,  James  Riley,  and  John  Page,  Com- 
missioners on  the  part  of  the  Choctaw  Nation  of  Indians ;  and 
Winchester  Colbert,  Edmund  Pickens,  Holmes  Colbert,  Colbert 
Carter,  and  Robert  H.  Love,  Commissioners  on  the  part  of  the 
Chickasaw  Nation  of  Indians,  all  of  which  Commissioners  were 
duly  authorized  thereto,  which  Treaty  is  in  the  words  and  figures 
following,  to  wit : 

Articles  of  agreement  and  convention  between  the  United 
States  and  the  Choctaw  and  Chickasaw  Nations  of  Indians,  made 
and  concluded  at  the  city  of  Washington  the  twenty-eighth  day 
of  April,  in  the  year  eighteen  hundred  and  sixty-six,  by  Dennis  N. 
Cooley,  Elijah  Sells,  and  E.  S.  Parker,  Special  Commissioners  on 
the  part  of  the  United  States  ;  and- Alfred  Wade,  Allen  Wright, 
James  Riley,  and  John  Page,  Commissioners  on  the  part  of  the 
Choctaws;  and  Winchester  Colbert,  Edmund  Pickens,  Holmes  Col- 
bert, Colbert  Carter,  and  Robert  H.  Love,  Commissioners  on  the 
part  of  the  Chickasaws. 


38  TREATY  OF  1866. 

ARTICLE  I. 

•  Permanent  peace  and  friendship  are  hereby  established  between 
the  United  States  and  said  Nations  :  and  the  Choctaws  and  Chick- 
asaws  do  hereby  bind  themselves  respectively  to  use  their  influ- 
ence, and  to  make  every  exertion  to  induce  the  Indians  of  the 
plains  to  maintain  peaceful  relations  with  each  other,  with  other 
Indians,  and  with  the  United  States. 

ARTICLE  II. 

The  Choctaws  and  Chickasaws  hereby  covenant  and  agree  that 
henceforth  neither  slavery  nor  involuntary  servitude,  otherwise 
than  in  punishment  of  crime,  whereof  the  parties  shall  have  been 
duly  convicted,  in  accordance  with  laws  applicable  to  all  mem- 
bers of  the  particular  Nation,  shall  ever  exist  in  said  nations. 

ARTICLE  III. 

The  Choctaws  and  Chickasaws,  in  consideration  of  the  sum  of 
$300,000,  hereby  cede  to  the  United  States  the  territory  west  of 
98°  west  longitude,  known  as  the  leased  district,  provided  that  the 
said  sum  shall  be  invested  and  held  by  the  United  States  at  an 
interest  not  less  than  five  per  cent.,  in  trust  for  the  said  nations, 
until  the  legislatures  of  the  Choctaw  and  Chickasaw  Nations  re- 
spectively shall  have  made  such  laws,  rules,  and  regulations  as 
may  be  necessary  to  give  all  persons  of  African  descent,  resident 
in  the  said  Nations  at  the  date  of  the  Treaty  of  Fort  Smith,  and 
their  descendants  heretofore  held  in  slavery  among  said  Nations, 
all  the  rights,  privileges,  and  immunities,  including  the  right  of 
suffrage,  of  citizens  of  said  Nations,  except  in  the  annuities, 
moneys,  and  public  domain  claimed  by  or  belonging  to  said  Na- 
tions respectively,  and  also  to  give  to  such  persons  who  were 
residents  as  aforesaid,  and  their  descendants,  forty  acres  each  of 
the  land  of  said  Nations  on  the  same  terms  as  the  Choctaws  and 
Chickasaws,  to  be  selected  on  the  survey  of  said  land,  after  the 
Choctaws  and  Chickasaws  and  Kansas  Indians  have  made  their 
selections  as  herein  provided  ;  and  immediately  on  the  enactment 


TREATY   OF   1866.  39 

of  such  laws,  rules,  and  regulations,  the  said  sum  of  $300,000 
shall  be  paid  to  the  said  Choctaw  and  Chickasaw  Nations  in  the 
proportion  of  three-fourths  to  the  former  and  one-fourth  to  the 
latter — less  such  sum,  at  the  rate  of  one  hundred  dollars  per 
capita,  as  shall  be  sufficient  to  pay  such  persons  of  African  descent 
before  referred  to,  as  within  ninety  days  after  the  passage  of  such 
laws,  rules,  and  regulations  shall  elect  to  remove  and  actually  re- 
move from  the  said  Nations  respectively. 

And  should  the  said  laws,  rules,  and  regulations  not  be  made 
by  the  legislatures  of  the  said  Nations  respectively,  within  two 
years  from  the  ratification  of  this  treaty,  then  the  said  sum  of 
$300,000  shall  cease  to  be  held  in  trust  for  the  said  Choctaw  and 
Chickasaw  Nations,  and  be  held  for  the  use  and  the  benefit  of  such 
of  said  persons  of  African  descent  as  the  United  States  shall  re- 
move from  the  said  Territory  in  such  manner  as  the  United  States 
shall  deem  proper — the  United  States  agreeing,  within  ninety 
days  from  the  expiration  of  the  said  two  years,  to  remove  from 
said  Nations  all  such  persons  of  African  descent  as  may  be  will- 
ing to  remove ;  those  remaining  or  returning  after  having  been 
removed  from  said  Nations,  to  have  no  benefit  of  said  sum  of 
$300,000,  or  any  parfr  thereof,  but  shall  be  upon  the  same  footing 
as  other  citizens  of  the  United  States  in  the  said  Nations. 

ARTICLE  IV. 

The  said  Nations  further  agree  that  all  negroes,  not  otherwise 
disqualified  or  disabled,  shall  be  competent  witnesses  in  all  civil 
and  criminal  suits  and  proceedings  in  the  Choctaw  and  Chickasaw 
Courts,  any  law  to  the  .contrary  notwithstanding ;  and  they  fully 
recognize  the  right  of  the  freedmen  to  a  fair  remuneration  on  rea- 
sonable and  equitable  contracts  for  their  labor,  which  the  law 
should  aid  them  to  enforce. 

And  they  agree  on  the  part  of  their  respective  Nations,  that  all 
laws  shall  -be  equal  in  their  operation  upon  Choctaws,  Chickasaws 
«nd  negroes,  and  that  no  distinction  respecting  the  latter  shall  at 
any  time  be  made;  and  that  they  shall  be  treated  with  kindness 
and  be  protected  against  injury;  and  they  further  agree,  that 


40  TREATY  OF   1866. 

while  the  said  freedmen,  now  in  the  Choctaw  and  Chickasaw  Na- 
tions, remain  in  the  said  Nations  respectively,  they  shall  be  entitled 
to  as  much  land  as  they  may  cultivate  for  the  support  of  them- 
selves and  families,  in  cases  where  they  do  not  support  themselves 
and  families  by  hiring,  not  interfering  with  existing  improvements 
without  the  consent  of  the  occupant;  it  being  understood  that 
in  the  event  of  the  making  of  the  laws,  rules  and  regulations 
aforesaid,  the  forty  acres  aforesaid  shall  stand  in  place  of  the  land 
cultivated  as  last  aforesaid. 

ARTICLE  V. 

A  general  amnesty  of  all  past  offences  against  the  laws  of  the 
United  States  committed  before  the  signing  of  this  treaty  by  any 
member  of  the  Choctaw  or  Chickasaw  Nations  is  hereby  declared ; 
and  the  United  States  will  especially  request  the  States  of  Mis- 
souri, Kansas,  Arkansas  and  Texas  to  grant  the  like  amnesty  as  to 
all  offences  committed  by  any  member  of  the  Choctaw  or  Chickasaw 
Nation.  And  the  Choctaws  and  Chickasaws,  anxious  for  the  res- 
toration of  kind  and  friendly  feelings  among  themselves,  do  hereby 
declare  an  amnesty  for  all  past  offences  against  their  respective 
governments;  and  no  Indian  or  Indians  shaft  be  proscribed,  or  any 
act  of  forfeiture  or  confiscation  passed  against  those  who  may 
have  remained  friendly  to  the  United  States,  but  they  shall  enjoy 
equal  privileges  with  other  members  of  said  tribes,  and  all  laws 
heretofore  passed  inconsistent  herewith  are  hereby  declared  in- 
operative. 

ARTICLE  VI. 

The  Choctaws  and  Chickasaws  hereby,  grant  a  right  of  way 
through  their  lands  to  any  company  or  companies  which  shall  be 
duly  authorized  by  Congress  or  by  the  Legislatures  of  said  Nations 
respectively,  and  which  shall,  with  the  express  consent  and  appro- 
bation of  the  Secretary  of  the  Interior,  undertake  to  construct  a 
railroad  through  the  Choctaw  and  Chickasaw  Nations,  from  the 
North  to  the  South  thereof,  and  from  the  East  to  the  West  side 
thereof,  in  accordance  with  the  provisions  of  the  18th  Article  of  the 
Treaty  of  June  22d,  1855,  which  provides  for  any  property  taken 


TREATY   OF   1866.  41 

or  destroyed  in  the  construction  thereof,  full  compensation  shall  be 
made  to  the  party  or  parties  injured  ;  to  be  ascertained  and  deter- 
mined in  such  manner  as  the  President  of  the  United  States  shall 
direct.  But  such  railroad  company  or  companies,  with  all  its  or 
their  agents  and  employees,  shall  be  subject  to  the  laws  of  the 
United  States,  relating  to  intercourse  with  Indian  tribes,  and  also 
to  such  rules  and  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  the  Interior  for  that  purpose:  and  it  is  also  stipulated  and 
agreed  that  the  nation  through  which  the  road  or  roads  aforesaid 
shall  pass  may  subscribe  to  the  stock  of  the  particular  company 
or  companies  such  amount  or  amounts,  as  they  may  be  able  to  pay 
for,  in  alternate  sections  of  unoccupied  lands,  for  a  space  of  six 
miles  on  each  side  of  said  road  or  roads,  at  a  price  per  acre  to  be 
agreed  upon  between  said  Choctaw  and  Chickasaw  Nations  and 
the  said  company  or  companies,  subject  to  the  approval  of  the 
President  of  the  United  States. 

Provided,  however,  that  said  land  thus  subscribed  shall  not  be 
sold,  or  demised,  or  occupied  by  any  one  not  a  citizen  of  the  Choc- 
taw  or  Chickasaw  Nations,  according  to  their  laws  and  recognized 
usages :  Provided,  that  the  officers,  servants  and  employees  of 
such  companies  necessary  to  the  construction  and  management  of 
said  road  or  roads  shall  not  be  excluded  from  such  occupancy  as 
their  respective  functions  may  require,  they  being  subject  to  the 
provisions  of  the  Indian  intercourse  law,  and  such  rules  and  regu- 
lations as  may  be  established  by  the  Secretary  of  the  Interior : 
And,  provided,  also,  that  the  stock  thus  subscribed  by  either  of 
said  nations  shall  have  the  force  and  effect  of  a  first  mortgage 
bond  on  all  that  part  of  said  road,  appurtenances  and  equipments 
situated  and  used  within  said  nations  respectively,  and  shall  be  a 
perpetual  lien  on  the  same;  and  the  said  nation  shall  have  the 
right,  from  year  to  year,  to  elect  to  receive  their  equitable  propor- 
tion of  declared  dividends  of  profits  on  their  said  stock,  or  interest 
on  the  par  value  at  the  rate  of  six  per  cent,  per  annum. 

2.  And  it  is  further  declared,  in  this  connection,  that  as  fast  as 
sections  of  twenty  miles  in  length  are  completed  with  the  rails 
laid  ready  for  use,  with  all  water  and  other  .stations  necessary  to 
the  use  thereof,  as  a  first-class  road,  the  said  company  or  compa- 


42  TREATY  OF  1866. 

nies  shall  become  entitled  to  patents  for  the  alternate  sections 
aforesaid,  and  may  proceed  to  dispose  thereof  in  the  manner  herein 
provided  for,  subject  to  the  approval  of  the  Secretary  of  the 
Interior. 

3.  And  it  is  further  declared,  also,  in  case  of  one  or  more  of  said 
alternate  sections  being  occupied  by  any  member  or  members  of 
said  nations  respectively,  so  that  the  same  cannot  be  transferred 
to  the  said  company  or  companies,  that  the  said  nation  or  nations, 
respectively,  may  select  any  unoccupied  section  or  sections  as  near 
as  circumstances  will  permit  to  the  said  width  of  six  miles  on  each 
side  of  said  road  or  roads,  and  convey  the  same  as  an  equivalent 
for  the  section  or  sections  so  occupied  as  aforesaid. 

ARTICLE  VII. 

The  Ohoctaws  and  Chickasaws  agree  to  such  legislation  as  Con- 
gress and  the  President  of  the  United  States  may  deem  necessary 
for  the  better  administration  of  justicev'and  the  protection  of  the 
rights  of  person  and  property  within  the  Indian  territory;  provi- 
ded, however,  such  legislation  shall  not  in  any  wise  interfere  with 
or  annul  their  present  tribal  organization,  or  their  respective  legis- 
latures or  judiciaries,  or  the  rights,  laws,  privileges  or  customs  of 
the  Choctaw  and  Chickasaw  Nations  respectively. 

ARTICLE  VIII. 

The  Choctaws  and  Chickasaws  also  agree  that  a  Council,  con- 
sisting of  Delegates  elected  by  each  nation  or  tribe,  lawfully 
resident  within  the  Indian  territory,  may  be  annually  convened  in 
said  territory,  to  be  organized  as  follows : 

1.  After  the  ratification  of  this  treaty,  and  as  soon  as  may  be 
deemed  practicable  by  the  Secretary  of  the  Interior,  and  prior  to 
the  first  session  of  said  assembly  a  census  of  each  tribe  lawfully 
resident  in  said  territory,  shall  be  taken  under  the  direction  of  the 
Superintendent   of  Indian   Affairs,  by  competent  persons,  to  be 
appointed  by  him,  whose  compensation  shall  be  fixed  by  the  Secre- 
tary of  the  Interior,  and  paid  by  the  United  States. 

2.  The  Council  shall  consist  of  one  member  from  each  tribe  or 


TEEATY  OF  1866.  43 

nation  whose  population  shall  exceed  five  hundred,  and  an  addi- 
tional member  for  each  one  thousand  Indians,  native  or  adopted, 
or  each  fraction  of  a  thousand  greater  than  five  hundred,  being 
members  of  any  tribe  lawfully  resident  in  said  territory;  and 
shall  be  selected  by  the  tribes  or  nations  respectively  who  may 
assent  to  the  establishment  of  said  general  assembly;  and  if  none 
should  be  thus  formally  selected  by  any  nation  or  tribe,  it  shall  be 
represented  in  said  general  assembly  by  the  Chief  or  Chiefs  and 
head  men  of  said  tribes,  to  be  taken  in  the  order  of  their  rank,  as 
recognized  in  tribal  usage,  in  the  number  and  proportions  above 
indicated. 

3.  After  the  said  census  shall  have  been  taken  and  Completed, 
the  Superintendent  of  Indian  Affairs  shall  publish  and  declare  to 
each  tribe  the  humber  of  members  of  said  Council  to  which  they 
shall  be  entitled  under  the  provision  of  this  article;  arid  the  per- 
sons so  to  represent  the  said  tribes  shall  meet  at  such  time  and 
place  as  he  shall  designate ;  but  thereafter  the  time  and  place 
of  the    sessions   of  the    General   Assembly  shall  be  determined 
by  itself.     Provided,  that  no  session  in  any  one  year  shall  exceed 
the  term  of  thirty  days,  and  provided  that  special  sessions  may  be 
called  whenever,  in  the  judgment  of  the  Secretary  of  the  Interior, 
the  interests  of  said  tribes  shall  require  it. 

4.  The  General  Assembly  shall  have  power  to  legislate  upon  all 
subjects  and  matters  pertaining  to  the  intercourse  and  relations  of 
the  Indian  tribes  and  nations  resident  in  the  said  territory — the 
arrest  and  extradition  of  criminals  escaping  from  one  tribe  to 
another — the  administration  of  justice  between  members  of  the 
several  tribes  of  the  said  territory,  and  persons  other  than  Indians 
and  members  of  said  tribes  or  nations — the  construction  of  works  of 
internal  improvement  and  the  common  defence  and  safety  of  the 
nations  of  the  said  territory.     All  laws  enacted  by  said  Council 
shall  take  eifect  at  the  times  therein  provided,  unless  suspended 
by  the  Secretary  of  the  Interior  or  the  President  of  the  United 
States.     No  law  shall  be  enacted  inconsistent  with  the  Constitu- 
tion of  the  United  States,  or  the  laws  of  Congress,  or  existing 
treaty  stipulations  with  the  United  States ;  nor  shall  said  Council 
legislate  upon  matters  pertaining  to  the  legislative,  judicial,  or 


44r  TBEATY  OF  1866. 

other  organization,  laws,  or  customs  of  the  several  tribes  or  nations, 
except  as  herein  provided  for. 

5.  Said  Council  shall  be  presided  over  by  the  Superintendent  of 
Indian  Affairs,  or  in  case  of  his  absence  from  any  cause,  the  duties 
of  the  Superintendent,  enumerated  in  this  article,  shall  be  per- 
formed by  such  person  as  the  Secretary  o£  the  Interior  shall  indi- 
cate. 

6.  The  Secretary  of  the  Interior  shall  appoint  a  Secretary  of  said 
Council,  whose  duty  it  shall  be  to  keep  an  accurate  record  of  all 
the   proceedings   of  said   Council,  and  to   transmit  a  true  copy 
thereof,  duly  certified  by  the  Superintendent  of  Indian  Affairs,  to 
the  Secretary  of  the  Interior  immediately  after  the  sessions  of  said 
Council  shall  terminate.     He  shall  be  paid  five  hundred  dollars  as 
an  annual  salary,  by  the  United  States. 

7.  The  members  of  the  said  Council  shall  be  paid  by  the  United 
States  four  dollars  per  diem  while  in  actual  attendance  thereon ; 
and  four  dollars  mileage  for  every  twenty  miles,  going  and  return- 
ing therefrom  in  the  most  direct  route,   to  be   certified  by  the 
Secretary  of  said  Council  and  the  presiding  officer. 

8.  The  Choctaws  and  Chickasaws  also  agree  that  a  Court  or 
Courts  may  be  established  in  said  Territory,  with  such  jurisdic- 
tion and  organization  as  Congress  may  prescribe  :  Provided,  the 
same  shall  not  interfere  with  tfye  local  judiciary  of  either  of  said 
Nations. 

9.  Whenever  Congress  shall   authorize  the  appointment  of  a 
delegate  from  said  Territory,  it  shall  be  the  province  of  said  coun- 
cil to  elect   one  from  among  the   nations    represented  in   said 
council. 

10.  And  it  is  further  agreed  that  the  Superintendent  of  Indian 
Affairs  shall  be  the  Executive  of  the  said  Territory,  with  the  title 
of  "  Governor  of  the  Territory  of  Oklahoma,"  and  that  there  shall 
be  a  Secretary  of  the  said  Territory,  to  be  appointed  by  the  said 
Superintendent ;  that  the  duty  of  the   said  Governor,  in  addition 
to  those  already  imposed  on  the  Superintendent  of  Indian  Affairs, 
shall  be  such  as  properly  belong  to  an  executive  officer  charged 
with  the  execution  of  the  laws,  which  the  said  council  is  author- 
ized to  enact  under  the  provisions  of  this  Treaty  ;  and  that  for 


TREATY  OF   1866.  45 

this  purpose  he  shall  have  authority  to  appoint  a  Marshal  of  said 
Territory  and  an  Interpreter  ;  the  said  Marshal  to  appoint  such 
Deputies,  to  be  paid  by  fees,  as  may  be  required  to  aid  him  in  the 
execution  of  his  proper  functions  ;  and  be  the  Marshal  of  the  prin- 
cipal court  of  said  Territory,  that  may  be  established  under  the 
provisions  of  this  Treaty. 

11.  And  the  said  Marshal  and  the  said  Secretary  shall  each  be 
entitled  to  a  salary  of  $500  per  annum,  to  be  paid  by  the  United 
States,  and  such  "fees  in  addition  thereto  as  shall  be  established 
by  said  Governor,  with  the   approbation  of  the  Secretary  of  the 
Interior  ;  it  being  understood  that  the  said  fee  lists  may  at  any 
time  be  corrected  and  altered  by  the  Secretary  of  the  Interior,  as 
the  experience  of  the  system  proposed  herein  to  be  established, 
shall  show  to  be  necessary,  and  shall  in  no  case  exceed  the  fees 
paid  to  Marshals  of  the  United  States  for  similar  services.     The 
salary  of  the  Interpreter  shall  be  $500,  to  be  paid  in  like  manner 
by  the  United  States. 

12.  And  the  United   States  agree  that  in  the  appointment  of 
Marshals  and   Deputies,  preference,  qualifications   being   equal, 
shall  be  given  to  competent  members  of  the  said  Nations,  the  ob- 
ject being  to  create  a  laudable  ambition  to  acquire  the  experience 
necessary  for  political   offices  of  importance   in  the   respective 
Nations. 

13.  And,  whereas,  it  is  desired  by  the  said  Choctaw  and  Chicka- 
saw  Nations,  that  the  said  Council  should  consist  of  an  Upper  and 
Lower  House,  it  is  hereby  agreed  that  whenever  a  majority  of  the 
tribes  or   Nations   represented  in  said  Council   shall   desire  the 
same,  or  the  Congress  o£  the  United  States  shall  so  prescribe, 
there  shall  be  in  addition  to  the  Council  now  provided  for,  and 
which  shall  then  constitute  the  Lower  House,  an  Upper  House, 
consisting  of  one  member  from  each  tribe  entitled  to  representa- 
tion  in  the  Council  now  provided  for — the  relations  of  the  two 
Houses  to  eaqh  other  being  such  as  prevail  in  the  States  of  the 
United   States  :  each  House  being  authorized  to  choose  its  pre- 
siding officer- a'nd  clerk  to  perform  the  duties  appropriate  to  such 
offices  ;  and  it  being  the  duty,  in  addition,  of  the  clerks  of  each 
House,  to  make  out  and  transmit  to  the  territorial  Secretary  fair 


46  TREATY   OF   1866. 

copies  of  the  proceedings  of  the  respective  Houses  immediately 
after  their  respective  sessions,  which  copies  shall  be  dealt  with  by 
the  said  Secretary  as  is  now  provided  in  the  case  of  copies  of  the 
proceedings  of  the  Council  mentioned  in  this  act ;  and  the  said 
clerks  shall  each  be  entitled  to  the  same  per  diem  as  members  of 
the  respective  Houses,  and  the  presiding  officers  to  double  that 
sum. 

ARTICLE  IX. 

Such  sums  of  money  as  have,  by  virtue  of  treaties  existing  in 
the  year  1861,  been  invested  for  the  purposes  of  education,  shall 
remain  so  invested,  and  the  interest  thereof,  including  any  arrears 
which  may  have  accrued,  shall  be  applied  for  the  same  pur- 
poses, in  such  manner  as  shall  be  designated  by  the  legislative 
authorities  of  the  Choctaw  and  Chickasaw  Nations  respectively. 

ARTICLE  X. 

The  United  States  reaffirms  all  obligations  arising  out  of  treaty 
stipulations  or  acts  of  legislation,  with  regard  to  the  Choctaw  and 
Chickasaw  Nations,  entered  into  prior  to  the  late  rebellion,  and  in 
force  at  that  time,  not  inconsistent  herewith  ;  and  further,  agrees 
to  renew  the  payment  of  all  annuities  and  other  moneys  accruing 
under  such  treaty  stipulations  and  acts  of  legislation,  from  and 
after  the  close  of  the  fiscal  year  ending  on  the  thirtieth  of  June, 
in  the  year  eighteen  hundred  and  sixty-six. 

ARTICLE  XI. 

Whereas,  the  land  occupied  by  the  Choctaw  and  Chickasaw 
Nations,  and  described  in  the  treaty  between  the  United  States 
and  said  Nations,  of  June  22d,  1855,  is  now  held  by  the  members 
of  said  Nations  in  common  under  the  provisions  of  the  said  treaty: 
and  whereas,  it  is  believed  that  the  holding  of  the  said  land  in 
severalty  will  promote  the  general  civilization  of  said  Nations,  and 
tend  to  advance  their  permanent  welfare,  and  the  best  interests 
of  their  individual  members,  it  is  hereby  agreed  that  should  the 
Chofttaw  and  Chickasaw  people,  through  their  respective  legisla- 


TREATY   OF   1866.  47 

live  councils,  agree  to  the  survey  and  dividing  of  their  land  on 
the  system  of  the  United  States,  the  land  aforesaid,  east  of  the 
ninety-eighth  degree  of  west  longitude,  shall  be,  in -view  of  the 
arrangements  hereinafter  mentioned,  survej'ed  and  laid  off  in 
"ranges,  townships,  sections,  and  parts  of  sections  ;  and  that  for 
the  purpose  of  facilitating  such  surveys,  and  for  the  settlement 
and  distribution  of  said  land,  as  hereinafter  provided,  there  shall 
be  established  at  Boggy  Depot,  in  the  Choctaw  territory,  a  land 
office ;  and  that  in  making  the  said  surveys,  and  conducting  the 
business  of  the  said  office,  including  the  appointment  of  all  neces- 
sary agents  and  surveyors,  the  same  system  shall  be  pursued  which 
has  heretofore  governed  in  respect  to  the  public  lands  of  the  United 
States  ;  it  being  understood  that  the  said  surveys  shall  be  made  at 
the  cost  of  the  United  States,  and  by  their  agents  and  surveyors, 
as  in  the  case  of  their  own  public  lands,  and  that  the  officers  and 
employees  shall  receive  the  same  compensation  as  is  paid  to 
officers  and  employees  in ,  the  land  offices  of  the  United  States  in 
Kansas. 

ARTICLE  XH. 

The  maps  of  said  surveys,  shall  exhibit,  as  far  as  practicable,  the 
outlines  of  the  actual  occupancy  of  members  of  the  said  Nations, 
respectively,  and  when  they  are  completed  shall  be  returned  to 
the  said  land  office  at  Boggy  Depot  for  inspection  by  all  parties 
interested,  when  notice  for  ninety  days  shall  be  given  of  such 
returns,  in  such  manner  as  the  legislative  authorities  of  the  said 
Nations  respectively  shall  prescribe,  or  in  the  event  of  said 
authorities  failing  to  give  such  notice  in  a  reasonable  time,  in 
such  manner"  as  the  register  -of  said  land  office  shall  prescribe, 
calling  upon  all  parties  interested  to  examine  said  maps,  to  the 
end  that  errors,  if  any,  in  the  location  of  such  occupancies  may 
be  corrected. 

ARTICLE  XIII. 

The  notice  required  in  the  above  article  shall  be  given,  not  only 
in  the  Choctaw  and  Chickasaw  Nations,  but  by  publication  in 
newspapers  printed  in  the  States  of  Mississippi  and  Tennessee, 


48  TREATY  OF   1866. 

Louisiana,  Texas,  Arkansas  and  Alabama,  to  the  end,  that  such 
Choctaws  and  Chickasaws  as  yet  remain  outside  of  the  Choctaw 
and  Chickasaw  Nations  may  be  informed  and  have  opportunity 
to  exercise  the  rights  hereby  given  to  resident  Choctaws  and 
Chickasaws  :  Provided,  that  before  any  such  absent  Choctaw  or 
Chickasaw  shall  be  permitted  to  select  for  himself  or  herself,  or 
others,  as  hereinafter  provided,  he  or  she  shall  satisfy  the  register 
of  the  laud  office  of  his  or  her  intention,  or  the  intention  of  the 
party  for  whom  the  selection  is  to  be  made,  to  become  bonafide 
resident  in  the  said  Nation  within  five  years  from  the  time  of 
selection  ;  and  should  the  said  absentee  fail  to  remove  into  said 
Nation,  and  occupy  and  commence  an  improvement  on  the  land 
selected,  within  the  time  aforesaid,  the  said  selection  shall  be  can- 
celled, and  the  land  shall  thereafter  be  discharged  from  all  claim 
on  account  thereof. 

ARTICLE  XIV. 

At  the  expiration  of  the  ninety  days  aforesaid,  the  legislative 
authorities  of  the  said  Nations  respectively,  shall  have  the  right 
to  select  one  quarter  section  of  land  in  each  of  the  counties  of 
said  Nations  respectively,  in  trust  for  the  establishment  of  seats 
of  justice  therein,  and  also  as  many  quarter  sections  as  the  said 
legislative  councils  may  deem  proper  for  the  permanent  endow- 
ment of  schools,  seminaries,  and  colleges  in  said  Nation,  provided 
such  selection  shall  not  embrace  or  interfere  with  any  improve- 
ment in  the  actual  occupation  of  any  member  of  the  particular 
Nation  without  his  consent ;  and  provided,  the  proceeds  of  sale  of 
the  quarter  section  selected  for  seats  of  justice  shall  be  appro- 
priated for  the  erection  or  improvement  of  public  buildings  in  the 
county  in  which  it  is  located. 

ARTICLE  XV.     . 

At  the  expiration  of  the  ninety  days  notice  aforesaid,  the 
selection,  which  is  to  change  the  tenure  of  the  land  in  the  Choc- 
taw and  Chickasaw  Nations  from  a  holding  in  common  to  a 
holding  in  severalty,  shall  take  place,  when  every  Choctaw  aud 


TREATY   OF   1866.  49 

Chickasaw  shall  have  the  right  to  one  quarter  section  of  land, 
whether  male  or  female,  adult  or  minor,  and  if  in  actual  posses- 
sion or  occupancy  of  land  improved  or  cultivated  by  him  or  her, 
shall  have  a  prior  right  to  the  quarter  section  in  which  his  or  her 
improvement  lies  ;  and  every  infant  shall  have  selected  for  him  or 
her  a  quarter  section  of  land  in  such  location  as  the  father  of  such 
infant,  if  there  be  a  father  living,  and  if  no  father  living,  then  the. 
mother  or  guardian,  and  should  there  be  neither  father,  mother,  or 
guardian,  then  as  the  probate  judge  of  the  county,  acting  for  the 
best  interest  of  such  infant,  shall  select.  . 

ARTICLE  XVI. 

Should  an  actual  occupant  of  land  desire,  at  any  time  prior  to 
the  commencement  of  the  surveys  aforesaid,  to  abandon  his  im- 
provement and  select  and  improve  other  land,  so  as  to  obtain  the 
prior  right  of  selection  thereof  he  or  she  shall  be  at  liberty  to 
•do  so  ;  in  which  event  the  improvements  so  abandoned  shall  be 
open  to  selection  by  other  parties  :  Provided,  that  nothing  herein 
contained  shall  authorize  the  multiplication  of  improvements  so  aa 
to  increase  the  quantity  of  land  beyond  what  a  party  would  be 
entitled  to  at  the  date  of  this  treaty. 

ARTICLE  XVH. 

No  selection  to  be  made  under  this  treaty  shall  be  permitted  to 
deprive  or  interfere  with  the  continued  occupation  by  the  mis- 
sionaries established  in  the  respective  Nations,  of  their  several 
missionary  establishments  ;  it  being  the  wish  of  the  parties  hereto 
to  promote  and  foster  an  influence  so  largely  conducive  to  civiliza- 
tion and  refinement. 

Should  any  missionary  who  has  been  engaged  in  missionary 
labor  for  five  consecutive  years  beforp  the  date  of  this  treaty  in 
the  said  Nations,  or  either  of  them,  or  three  consecutive  years 
prior  to  the  late  rebellion,  and  who,  if  absent  from  the  said  Na- 
tions, may  desire  to  return,  wish  to  select  a  quarter  section  of 
land,  witfr  a  view  to  a  permanent  home  for  himself  and  family,  he 


50  TREATY   OF   1866. 

shall  have  the  privilege  of  doing  so;  provided  no  selection  shall 
include  any  public  buildings,  schools,  or  seminary:  and  a  quan- 
tity of  land  not  exceeding  six  hundred  and  forty  acres,  to  be  se- 
lected according  to  legal  subdivisions  in  one  body  and  to  include 
their  improvements,  is  hereby  granted  to  every  religious  society 
or  denomination  which  has  erected,  or  which,  with  the  consent  of 
the  Indians,  may  hereafter  erect  buildings  within  the  Choctaw  and 
Chickasaw  country  for  missionary  or  educational  purposes,  but  no 
land  thus  granted,  nor  the  buildings  which  have  been  or  may  be 
erected  thereon,  shall  ever  be  sold  or  otherwise  disposed  of,  ex- 
cept with  the  consent  of  the  legislatures  of  said  Nations  respect- 
ively and  approval  of  the  Secretary  of  the  Interior  ;  and  whenever 
such  lands  or  buildings  shall  be  sold  or  disposed  of,  the  proceeds 
thereof  shall  be  applied  under  the  direction  of  the  Secretary  of  the 
Interior,  to  the  support  and  maintenance  of  other  similar  establish- 
ments for  the  benefit  of  the  Choctaws  and  Chickasaws,  and  such 
other  persons  as  may  hereafter  become  members  of  their  Nations, 
according  to  their  laws,  customs  and  usages. 

ARTICLE  XVin. 

In  making  a  selection  for  children  the  parent  shall  have  a  prior 
right  to  select  land  adjacent  to  his  own  improvements,  or  selection, 
provided  such  selection  shall  be  made  within  thirty  days  from  the 
•time  at  which  selections  under  this  treaty  commence. 

ARTICLE  XIX. 

The  manner  of  selecting  as  aforesaid  shall  be  by  an  entry  .with 
the  Register  of  the  land  office,  and  all  selections  shall  be  made  to 
conform  to  the  legal  subdivisions  of  the  said  lands  as  shown  by 
the  surveys  aforesaid  on  the  maps  aforesaid ;  it  being  understood 
that  nothing  herein  contained  is  to  be  construed  to  confine  a  party 
selecting  to  one  section,  but  he  may  take  contiguous  parts  of  sections 
by  legal  subdivisions  in  different  sections  not  exceeding  together 
•  a  quarter-section. 


TREATY   OF   1866.  51 


ARTICLE  XX. 

Prior  to  any  entries  being  made  under  the  foregoing  provisions, 
proof  of  improvements  or  actual  cultivation,  as  well  as  the  number 
of  persons  for  whom  a  parent  or  guardian,  or  probate  judge  of  the 
county  proposes  to  select,  and  of  their  right  to  select,  and  of  his 
or  her  authority  to  select  for  them,  shall  be  made  to  the  Register 
and  Receiver  of  the  land  office,  under  regulations  to  be  proscribed 
by  the  Secretary  of  the  Interior. 

ARTICLE  XXI. 

In  every  township  the  sections  of  laud  numbered  16  and  36  shall 
be  reserved  for  the  support  of  schools  in  said  township ;  provided 
that  if  the  same  has  been  already  occupied  by  a  party  or  parties 
having  the  righf  to  select  it,  or  it  shall  be  so  sterile  as  to  be 
unavailable,  the  legislative  authorities  of  the  particular  Nation 
shall  have  the  right  to  select  such  other  unoccupied  sections  as 
they  may  think  proper. 

ARTICLE  XXH. 

The  right  of  selection  hereby  given  shall  not  authorize  the 
selection  of  any  land  required  by  the  United  States  as  a  military 
post,  or  Indian  Agency,  not  exceeding  one  mile  square,  which, 
when  abandoned,  shall  revert  to  the  Nation  in  which  the  land  lies. 

ARTICLE  XXin. 

The  Register  of  the  land  office  shall  inscribe  in  a  suitable  book 
or  books,  in  alphabetical  order,  the  name  of  every  individual  foi 
whom  a  selection  shall  be  made,  his  or  her  age,  and  a  description 
of  the  land  selected. 

ARTICLE  XXIV. 

Whereas,  it  may  be  difficult  to  give  to  each  occupant  of  an  im- 
provement a  quarter-section  of  land,  or  even  a  smaller  sub-division, 
which  shall  include  such  improvement,  in  consequence  of  such 


52  TREATY   OF  1866. 

improvements  lying  in  towns,  villages  or  hamlets,  the  legislative 
authorities  of  the  respective  Nations  shall  have  power,  where,  in 
their  discretion,  they  think  it  expedient,  to  lay  off  into  town  lots 
any  section  or  part  of  a  section  so  occupied,  to  which  lots  the  actual 
occupants,  being  citizens  of  the  respective  Nations,  shall  have 
pre-emptive  right,  and  upon  paying  into  the  treasury  of  the  par- 
ticular Nation  the  price  of  the  land  as  6xed  by  the  respective 
legislatures,  exclusive  of  the  value  of  said  improvement,  shall 
receive  a  conveyance  thereof.  Such  occupant  shall  not  be  preju- 
diced thereby  in  his  right  to  his  selection  elsewhere.  The  town 
lots  which  may  be  unoccupied  shall  be  disposed  of  for  the  benefit 
of  the  particular  Nation,  as  the  legislative  authorities  may  direct 
from  time  to  time. 

When  the  number  of  occupants  of  the  same  quarter-section  shall 
not  be  such  as  to  authorize  the  legislative  authorities  to  lay  out 
the  same,  or  any  part  thereof,  into  town  lots,  they  may  make  such 
regulations  for  the  disposition  thereof  as  they  may  deem  proper, 
either  by  subdivision  of  the  same,  so  as  to  accommodate  the 
actual  occupants,  or  by  giving  the  right  of  prior  choice  to  the  first 
occupant  in  point  of  time,  upon  paying  the  others  for  their  im- 
provements, to  be  valued  in  such  way  as  the  legislative  authorities 
shall  prescribe,  or  otherwise.  All  occupants  retaining  their  lots 
under  this  section,  and  desiring,  in  addition,  to  make  a  selec- 
tion, must  pay  for  the  lots  so  retained,  as  in  the  case  of  town  lots. 
And  any  Choctaw,  or  Chickasaw,  who  may  desire  to  select  a  sec- 
tional division,  other  than  that  on  which  his  homestead  is,  without 
abandoning  the  latter,  shall  have  the  right  to  purchase  the  home- 
stead sectional  division,  at  such  price  as  the  respective  legisla- 
tures may  prescribe. 

ARTICLE  XXV. 

During  ninety  days  from  the  expiration  of  the  ninety-day  notice 
aforesaid,  the  Choctaws  and  Chickasaws  shall  have  the  exclusive 
right  to  make  selections  as  aforesaid,  and  at  the  end  of  that  time 
the  several  parties  shall  be  entitled  to  patents  for  their  respective 
selections,  to  be  issued  by  the  President  of  the  United  States, 
and  countersigned  by  the  chief  executive  officer  of  the  Nation 


TSEATY   OF   1866.  53 

in  which  the  land  lies,  and  recorded  in  the  records  of  the  executive 
office  of  the  particular  Nation,  and  copies  of  the  said  patents, 
under  seal,  shall  be  evidence  in  any  court  of  law  or  equity. 

ARTICLE  XXVI. 

The  right  here  given  to  Choctaws  and  Chickasaws  respectively, 
shall  extend  to  all  persons  who  have  become  citizens  by  adoption, 
or  intermarriage,  of  either  of  said  Nations,  or  who  may  hereafter 
•become  such. 

ARTICLE  XXVIL 

In  the  event  of  disputes  arising  in  regard  to  the  rights  of  parties 
to  select  particular  quarter-sections,  or  other  divisions  of  said 
land,  or  in  regard  to  the  adjustment  of  boundaries  so  as  to  make 
them  conform  to  legal  divisions  and  subdivisions,  such  disputes 
shall  be  settled  by  the  register  of  the  land  office  and  the  chief 
executive  officer  of  the  Nation  in  which  the  land  lies,  in  a  sum- 
mary way,  after  hearing  the  parties,  and  if  said  register  and 
chief  officer  cannot  agree,  the  two  to  call  in  a  third  party  who 
shall  constitute  a  third  referee,  the  decision  of  any  two  of  whom 
shall  be  final,  without  appeal. 

ARTICLE  XXVIIL 

Nothing  contained  in  any  law  of  either  of  the  said  Nations 
shall  prevent  parties  entitled,  to  make  selections  contiguous  to 
each  other,  and  the  Choctaw  and  Chickasaw  Nations  hereby  agree 
to  repeal  all  laws  inconsistent  with  this  provision. 

ARTICLE  XXIX. 

Selections  made  under  this  treaty  shall,  to  the  extent  of  one 
quarter  section,  including  the  homestead  or  dwelling,  be  inalien- 
able for  the  period  of  twenty-one  years  from  the  date  of  such  se- 
lection, and,  upon  the  death  of  the  party  in  possession,  shall 
descend,  according  to  the  laws  of  the  Nation,  where  the  land  lies  ; 
and  in  the  event  of  his  or  her  death  without  heirs,  the  said  quarter 
section  shall  escheat  to  and  become  the  property  of  the  Nation. 


54:  TREATY   OF   1866. 

ARTICLE  XXX. 

The  Choctaw  and  Chickasaw  Nations  will  receive  into  their  re- 
spective districts,  east  of  the  ninety-eighth  degree  of  west  longi 
tude,  in  the  proportion  of  one-fourth  in  the  Chickasaw  and  three- 
fourths  in  the  Choctaw  Nation,  civilized  Indians  from  the  tribes 
known  by  the  general  name  of  the  Kansas  Indians,  being  Indians 
to  the  north  of  the  Indian  territory,  not  exceeding  10,000  in  num- 
ber, who  shall  have  in  the  Choctaw  and  Chickasaw  Nations  re- 
spectively, the  same  rights  as  the  Choctaws  and  Chickasaws,  of 
whom  they  shall  be  the  fellow-citizens,  governed  by  the  same 
laws,  and  enjoying  the  same  privileges,  with  the  exception  of  the 
right  to  participate  in  the  Choctaw  and  Chickasaw  annuities  and 
other  moneys,  and  in  the  public  domain,  should  the  same  or  the 
proceeds  thereof  be  divided  per  capita  among  said  Choctaws  and 
Chickasaws,  and  among  others  the  right  to  select  land,  as  herein 
provided  for  Choctaws  and  Chickasaws,  after  the  expiration  of  the 
ninety  days  during  which  the  selections  of  lands  are  to  be  made 
as  aforesaid  by  said  Choctaws  and  Chickasaws  ;  and  the  Choc- 
taw and  Chickasaw  Nations  pledge  themselves  to  treat  the  said 
Kansas  Indians  in  all  respects  with  kindness  and  forbearance, 
aiding  them  in  good  faith  to  establish  themselves  in  their  new 
homes,  and  to  respect  all  their  customs  and  usages,  not  inconsis- 
tent with  the  constitution  and  laws  of  the  Choctaw  and  Chicka- 
saw Nations  respectively. 

In  making  selections  after  the  advent  of  the  Kansas  Indians 
and  their  actual  pccupancy  of  land  in  said  Nation,  such  occupancy 
shall  have  the  same  effect  in  their  behalf  as  the  occupancies  of 
the  Choctaws  and  Chickasaws  ;  and  after  tho  said  Choctaws  and 
Chickasaws  have  made  their  selections  as  aforesaid,  the  said  per- 
sons of  African  descent,  mentioned  in  the  third  article  of  the 
Treaty,  shall  make  their  selection  as  therein  provided,  in  the 
event  of  the  making  of  the  laws,  rules,  and  regulations  aforesaid, 
after  the  expiration  of  ninety  days,  from  the  date  at  which  the 
Kansas  Indians  are  to  make  their  selections  as  therein  provided, 
and  the  actual  occupancy  of  such  persons  of  African  descent  shall 
have  the  same  effect  in  their  behalf  as  the  occupancies  of  Choc- 
taws and  Chickasaws. 


CHOCTAW  NATION.  55 


ARTICLE  XXXI. 

And  whereas,  some  time  must  elapse  before  the  surveys,  maps, 
and  selections  herein  provided  for  can  be  completed,  so  as  to  per- 
mit the  said  Kansas  Indians  to  make  their  selections  in  their 
order,  during  which  time  the  United  States  may  desire  to  remove 
the  said  Indians  from  their  present  abiding  places,  it  is  hereby 
agreed  that  the  said  Indians  may  at  once  come  into  the  Choctaw 
and  Chickasaw  Nations  settling  themselves  temporarily  as  citizens 
of  the  said  Nations  respectively,  upon  such  land  as  suits  them  and 
is  not  already  occupied. 

ARTICLE  XXXII. 

At  the  expiration  of  two  years,  or  sooner,  if  the  President  of  the 
United  States  shall  so  direct,  from  the  completion  of  the  surveys 
and  maps  aforesaid,  the  officers  of  the  land  offices  aforesaid,  shall 
deliver  to  the  executive  department  of  the  Choctaw  and  Chicka- 
saw Nations  respectively,  all  such  documents  as  may  be  neces- 
sary to  elucidate  the  land  titles  as  settled  according  to  this 
Treaty,  and  forward  copies  thereof,  with  the  field-notes,  records, 
and  other  papers  pertaining  to  said  titles,  to  the  Commissioner 
of  the  General  Land  Office  ;  and  thereafter  grants  of  land  and 
patents  therefor  shall  be  issued  in  such  manner  as  the  legislative 
authorities  of  said  Nations  may  provide,  for  all  the  unsettled  por- 
tions of  the  Choctaw  and  Chickasaw  Districts,  as  defined  by  the 
Treaty  of  June  22d,  1855. 

ARTICLE  XXXni. 

All  lands  selected,  as  herein  provided,  shall  thereafter  be  held 
in  severalty  by  the  respective  parties  ;  and  the  unselected  land 
shall  be  the  common  property  of  the  Choctaw  and  Chickasaw  Na- 
tions in  their  corporate  capacities,  subject  to  the  joint  control  of 
their  legislative  authorities. 

i 
ARTICLE  XXXIV. 

Should  any  Choctaw  or  Chickasaw  be  prevented  from  selecting 


56  TREATY   OF   1866. 

for  him  or  herself  during  the  ninety  days  aforesaid,  the  failure  to 
do  so  shall  not  authorize  another  to  select  the  quarter-section  con- 
taining his  improvement,  but  he  may  at  any  time  make  his  selection 
thereof,  subject  to  having  his  boundaries  made  to  conform  to  legal 
divisions  as  aforesaid. 

ARTICLE  XXXV. 

Should  the  selections  aforesaid  not  be  made  before  the  transfer 
of  the  land  record  to  the  executive  authorities  of  said  Nations 
respectively,  they  shall  be  made  according  to  such  regulations  as 
the  legislative  authorities  of  the  two  Nations  respectively  may 
prescribe,  to  the  end  that  full  justice  and  equity  may  be  done  to 
the  citizens  of  the  respective  territories. 

ARTICLE  XXXVI. 

Should  any  land  that  has  been  selected  under  the  provisions  of 
this  treaty  be  abandoned  and  left  uncultivated  for  the  space  of 
seven  years  by  the  party  selecting  the  same,  or  his  heirs,  except 
in  the  case  of  infants  under  the  age  of  twenty-one  years,  or  mar- 
ried women,  or  persons  non  compos  mentis,  the  legislative  authori- 
ties of  the  Nation  where  such  land  lies  may  either  rent  the  same 
for  the  benefit  of  those  interested,  or  dispose  of  the  same  otherwise 
for  their  benefit,  and  may  pass  all  laws  necessary  to  give  effect  to 
this  provision. 

ARTICLE  XXXVII. 

In  consideration  of  the  right  of  selection  hereinbefore  accorded 
to  certain  Indians  other  than  the  Choctaws  and  Chickasaws,  the 
United  States  agree  to  pay  to  the  Choctaw  and  Chickasaw  Na- 
tions, out  of  the  funds  of  Indians  removing  into  said  Nations 
respectively,  under  the  provisions  of  this  treaty,  such  sum  as  may 
be  fixed  by  the  legislatures  of  said  Nations,  not  exceeding  one 
dollar  per  acre,  to  be  divided  between  the  said  Nations  in  the  pro- 
portion of  one-fourth  to  the  Chickasaw  Nation,  and  three-fourths 
to  the  Choctaw  Nation,  with  the  understanding  that,  at  the  expira- 
tion of  twelve  jaonths,  the  actual  number  of  said  immigrating 


TREATY   OF   1866.  57 

Indians  shall  be  ascertained,  and  the  amount  paid  that  may  be 
actually  due  at  the  rate  aforesaid ;  and  should  still  further  immi- 
grations take  place  from  among  said  Kansas  Indians,  still  further 
payments  shall  be  made  accordingly  from  time  to  time. 

ARTICLE  XXXVHL 

Every  white  person,  who  having  married  a  Choctaw  or  Chicka- 
saw,  resides  in  the  said  Choctaw  or  Chickasaw  Nation,  or  who 
has  been  adopted  by  the  legislative  authorities,  is  to  be  deemed  a 
member  of  said  Nation,  and  shall  be  subject  to  the  laws  of  the 
Choctaw  and  Chickasaw  Nations  according  to  his  domicile,  and  to 
prosecution  and  trial  before  their  tribunals,  and  to  punishment 
according  to  their  laws,  in  all  respects  as  though  he  was  a  native 
Choctaw  or  Chickasaw. 

ARTICLE  XYYTY. 

' 

No  person  shall  be  licensed  to  trade  with  the  Choctaws  or 
Chickasaws  except  by  the  agent,  with  the  advice  and  consent  of 
the  legislative  authorities  of  the  Nation  he  may  propose  to  trade 
in  ;  but  no  license  shall  be  required  to  authorize  any  member  of 
the  Choctaw  or  Chickasaw  Nations  to  trade  in  the  Choctaw  or 
Chickasaw  country,  who  is  authorized  by  the  proper  authority  of 
the  Nation,  nor  to  authorize  Choctaws  or  Chickasaws  to  sell  flour, 
meal,  meat,  fruit,  and  other  provisions,  stock,  wagons,  agricultural 
implements,  or  tools  brought  from  the  United  States  into  the  said  . 
country. 

ARTICLE  XL. 

All  restrictions  contained  in  any  treaty  heretofore  made,  or  in 
any  regulations  of  the  United  States  upon  the  sale  or  other  dispo- 
sition of  personal  chattel  property  by  Choctaws  or  Chickasaws 
are  hereby  removed. 

ARTICLE  XLI. 

All  persons  who  are  members  of  the  Choctaw  or  Chickasaw 
Nations,  and  are  not  otherwise  disqualified  or  disabled,  shall  here- 


58  TREATY   OF   1866. 

after  be  competent  witnesses  in  all  civil  and  criminal  suits  and 
proceedings  in  any  courts  of  the  United  States,  any  law  to  the 
contrary  notwithstanding. 

AKTICLE  XLII. 

The  Choctaw  and  Chickasaw  Nations  shall  deliver  up  persons 
accused  of  crime  against  the  United  States,  or  any  of  them,  who 
may  be  found  within  their  limits  on  the  requisition  of  the  Gover- 
nor of  any  State  or  of  the  United  States. 

ARTICLE  XLIII. 

The  United  States  promise  and  agree,  that  no  white  persoa. 
except  officers,  agents  and  employees  of  the  government,  and  of 
any  internal  improvement  company,  or  persons  traveling  through 
or  temporarily  sojourning  in  the  said  Nations,  or  either  of  them, 
shall  be  permitted  to  go  into  said  territory  unless  formally  incor- 
porated and  naturalized  by  the  joint  action  of  the  authorities  of 
both  Nations,  into  one  of  the  said  Nations  of  Choctaws  and  Chicka- 
saws,  according  to  their  laws,  customs,  or  usages;  but  this  article 
is  not  to  be  construed  to  affect  parties  heretofore  adopted,  or  to 
prevent  the  employment  temporarily  of  white  persons  who  are 
teachers,  mechanics,  or  skilled  in  agriculture,  or  to  prevent  the 
legislative  authorities  of  the  respective  Nations  from  authorizing 
such  works  of  internal  improvement,  as  they  may  deem  essential 
to  the  welfare  and  prosperity  of  the  community,  or  to  be  taken  to 
interfere  with  or  invalidate  any  action  which  has  heretofore  been 
had  in  this  connection  by  either  of  the  said  Nations. 

ARTICLE  XLIV. 

Post-offices  shall  be  established  and  maintained  by  the  United 
States,  at  convenient  places  in  the  Choctaw  and  Chickasaw  Na- 
tions, to  and  from  which -the  mails  shall  be  carried  at  reasonable 
intervals  at  the  rates  of  postage  prevailing  in  the  United  States. 


TEEATY  OF  1866.  59 

ARTICLE  XLV. 

All  the  rights,  privileges,  and  immunities  heretofore  possessed 
by  the  said  Nations  or  individuals  thereof,  or  to  which  they  were 
entitled  under  the  treaties  and  legislation  heretofore  made  and  had 
in  connection  with  them,  shall  be  and  are  hereby  declared  to  be  in 
full  force,  so  far  as  they  are  consistent  with  the  provisions  of  this 
treaty. 

ARTICLE  XLVI. 

Of  the  money  stipulated  to  be  paid  to  the  Choctaws  and  Chicka- 
saws,  under  this  treaty  for  the  cession  of  the  leased  district,  and 
the  admission  of  the  Kansas  Indians  among  them,  the  sum  of 
$150,000  shall  be  advanced  and  paid  to  the  Choctaws,  and 
$50,000  to  the  Chickasaws,  through  their  respective  treasurers, 
as  soon  as  practicable  after  the  ratification  of  this  treaty;  to  be 
repaid  out  of  said  moneys  or  any  other  moneys  of  said  Nations  in 
the  hands  of  the  United  States;  the  residue  not  affected  by  any 
provision  of  this  treaty  to  remain  in  the  treasury  of  the  United 
States  at  an  annual  interest  of  not  less  than  five  per  cent.,  no  part 
of  which  shall  be  paid  out  as  annuity,  but  shall  be  annually  paid  to 
the  treasurer  of  said  Nations  respectively,  to  be  regularly  and 
judiciously  applied,  under  the  direction  of  their  respective  Legisla- 
tive Councils,  to  the  support  of  their  government,  the  purposes  of 
education,  and  such  other  objects  as  may  be  best  calculated  to 
promote  and'  advance  the  welfare  and  happiness  of  said  nations 
and  their  people  respectively. 

ARTICLE  XLVII. 

As  soon  as  practicable  after  the  lands  shall  have  been  surveyed 
and  assigned  to  the  Choctaws  and  Chickasaws  in  severalty  as 
herein  provided,  upon  application  of  their  respective  Legislative 
Councils,  and  with  the  assent  of  the  President  of  the  United  States, 
all  the  annuities  and  funds  invested  and  held  in  trust  by  the  United 
States,  for  the  benefit  of  said  Nations  respectively,  shall  be  capital- 
ized or  converted  into  money,  as  the  case  may  be,  and  the  aggregate 
amounts  thereof  belonging  to  each  Nation  shall  be  equally  divided 


60  TREATY   OF  1866. 

and  paid  per  capita  to  the  individuals  thereof  respectively,  to  aid 
and  assist  them  in  improving  their  homesteads  and  increasing  or 
acquiring  flocks  and  herds,  and  thus  encourage  them  to  make 
proper  efforts  to  maintain  successfully  the  new  relations  which  the 
holding  of  their  lands  in  severalty  will  involve :  Provided,  never- 
theless, that  there  shall  be  retained  by  the  United  States  such  sum 
as  the  President  shall  deem  sufficient  of  the  said  moneys,  to  be 
invested,  that  the  interest  thereon  may  be  sufficient  to  defray  the 
expenses  of  the  governments  of  said  Nations  respectively,  toge- 
ther with  a  judicious  system  of  education,  until  these  objects  can 
be  provided  for  by  a  proper  system  of  taxation,  and  whenever  this 
shall  be  done  to  the  satisfaction  of  the  President  of  the  United 
States  the  moneys  so  retained  shall  be  divided  in  the  manner  and 
for  the  purpose  above-mentioned. 

ARTICLE  XLVIII. 

Immediately  after  the  ratification  of  this  treaty  there  shall  be 
paid  out  of  the  fund  of  the  Choctaws  and  Chickasaws,  in  the 
hands  of  the  United  Stages,  twenty-five  thousand  dollars  to  the 
Choctaw  and  twenty-five  thousand  dollars  to  the  Chickasaw  com- 
missioners, to  enable  them  to  discharge  obligations  incurred  by 
them  for  various  incidental  and  other  expenses  to  which  they 
have  been  subjected,  and  for  which  they  are  now  indebted. 

ARTICLE  XLIX. 

And  it  is  further  agreed  that  a  commission,  to  consist  of  a 
person  or  persons  to  be  appointed  by  the  President  of  the  United 
States,  shall  be  appointed  immediately  on  the  ratification  of  this 
treaty,  and  shall  take  into  consideration  and  determine  the  claim 
of  such  Choctaws  and  Chickasaws  as  allege  they  have  been 
driven  during  the  late  rebellion  from  their  homes  in  the  Choctaw 
Nations,  on  account  of  their  adhesion  to  the  United  States,  for 
damages,  with  power  to  make  such  award  as  may  be  consistent 
with  equity  and  good  conscience,  taking  into  view  all  circum- 
stances ;  whose  report,  when  ratified  by  the  Secretary  of  the 
Interior,  shall  be  final,  and  authorize  the  payment  of  the  amount 


TEE  AT  Y  OF   1866.  61 

from  any  moneys  of  said  Nations  in  the  hands  of  the  United  States 
as  the  said  commission  may  award. 

ARTICLE  L. 

Whereas,  Joseph  G.  Heald  and  Reuben  Wright,  of  Massachu- 
setts, were  licensed  traders  in  the  Choctaw  Country,  at  the  com- 
mencement of  the  rebellion,  and  claim  to  have  sustained  large  losses 
on  account  of  said  rebellion,  by  the  use  of  their  property  by  said 
Nation,  and  that  large  sums  of  money  are  due  them  for  goods  and 
property  taken  or  sold  to  the  members  of  said  Nation,  and  money 
advanced  to  said  Nation,  and  whereas,  other  loyal  citizens  of  the 
United  States  may  have  just  claims  of  the  same  character  :  It  is 
hereby  agreed  and  stipulated,  that  the  President  of  the  United 
States  shall,  within  three  months  from  the  ratification  of  this 
treaty,  appoint  a  commission  to  consist  of  one  or  more  discreet 
persons  to  investigate  said  claims  and  fully  examine  the  same  ; 
and  such  sum  or  sums  of  money  as  shall  by  the  report  of  said 
commission,  approved  by  the  Secretary  of  the  Interior,  be  found 
due  to  such  persons,  not  exceeding  ninety  thousand  dollars,  shall  be 
paid  by  the  United  States  to  the  persons  entitled  thereto,  out  of  any 
money  belonging  to  said  Nation  in  the  possession  of  the  United 
States  ;  Provided,  That  no  claim  for  goods  or  property  of  any  kind 
shall  be  allowed  or  paid,  in  whole  or  in  part,  which  shall  have  been 
used  by  said  Nation,  or  any  member  thereof,  in  aid  of  the  rebel- 
lion, with  the  consent  of  said  claimants  :  Provided,  also,  that  if 
the  aggregate  of  said  claims  thus  allowed  and  approved  shall 
exceed  said  sum  of  ninety  thousand  dollars,  then  that  sum  shall 
be  applied  pro  rata  in  payment  of  the  claims  so  allowed. 

ARTICLE  LL 

It  is  further  agreed  that  all  treaties  and  parts  of  treaties  incon- 
sistent herewith  be,  and  the  same  are  hereby  declared,  null  and 
void. 

In  testimony  whereof,  the  said  Dennis  N.  Cooley,  Elijah  Sells, 
and  E.  S.  Parker,  commissioners  in  behalf  of  the  United  States, 
and  the  said  commissioners  on  behalf  of  the  Choctaw  and  Chick- 


62  TREATY   OF   1866. 

asaw  Nations,  have  hereunto  set  their  hands  and  seals,  the  day 
and  year  first  above  written  : 

D.  N.  COOLEY,  (seal.) 

Comm'r  Indian  Affairs, 
ELIJAH  SELLS,  (seal.) 

Sup't  Indian  Affairs. 

E.  S.  PARKER,  (seal.) 

Special  Comm'r. 

Commissioners  for  United  Suites. 

ALFRED  WADE,  (seal.) 

ALLEN  WRIGHT,  (seal.) 

JAMES  REILY,  (seal.) 

JOHN  PAGE,  (seal.) 

Choctaw  Commissioners, 

CAMPBELL  LE  FLOBE,  Secretary. 

WINCHESTER  COLBERT,       (seal.) 
Governor  Chickasaw  Nation. 

EDMUND  PICKENS,  (seal.) 

HOLMES  COLBERT,  ,           (seal.) 

COLBERT  CARTER,  (seal.) 

ROBERT  H.  LOVE,  (seal.) 

Chickasaw  Commissioners. 
E.  S.  MITCHELL,  Secretary. 

Signed,  sealed  and  delivered  in  the  presence  of — 

JOHN  H.  B.  LATROBE, 
P.  P.  PITCHLYNN, 

Principal  Chief  Choctaw  Nation, 
DOUGLAS  H.  COOPER, 
J.  HARLAN, 

U.  S.  Indian  Agent  for  Cherokees, 
CHAS.  E.  MIX, 

Chief  Clerk  Indian  Bureau. 


TREATY  OF  1866.  63 

And  whereas,  the  said  treaty  having  been  submitted  to  the  Senate 
of  the  United  States  for  its  constitutional  action  thereon,  the 
Senate  did,  on  the  twenty-eighth  of  June,  one  thousand  eight 
hundred  and  sixty-six,  advise  and  consent  to  the  ratification  of  the 
same,  by  a  resolution,  with  amendments,  in  the  words  and  figures 
following,  to  wit : 

IN  EXECUTIVE  SESSION,        ) 
SENATE  OF  THE  UNITED  STATES.  J 

June  28,  1866. 

Itesolved,  (two-thirds  of  the  Senators  present  concurring),  That 
the  Senate  advise  and  consent  to  the  ratification  of  the  articles  of 
agreement  and  convention  between  the  United  States  and  the 
Choctaw  and  Chickasaw  Nations  of  Indians,  made  and  concluded 
at  the  City  of  Washington,  the  twenty-eighth  day  of  April,  in  the 
year  eighteen  hundred  sixty-six,  by  Dennis  N.  Cooley,  Elijah  Sells, 
and  E.  S.  Parker,  Special  Commissioners  on  the  part  of  the  United 
States;  and  Alfred  Wade,  Allen  Wright,  James  Riley,  and  John 
Page,  Commissioners  on  the  part  of  the  Choctaws;  and  Winchester 
Colbert,  Edmund  Pickens,  Holmes  Colbert,  Colbert  Carter,  and 
Robert  H.  Love,  Commissioners  on  the  part  of  the  Chickasaws, 
with  the  following 

AMENDMENTS. 

1st.  At  the  end  of  Article  5  add  the  following : 

The  people  of  the  Choctaw  and  Chickasaw  Nations  stipulate  and 
agree  to  deliver  up  to  any  duly  authorized  agent  of  the  United 
States  all  public  property  in  their  possession  which  belong(s)  to 
the  late  so-called  "  Confederate  States  of  America,"  or  the  United 
States,  without  any  reservation  wha(t)soever,  particularly  ordnance, 
ordnance  stores,  and  arms  of  all  kinds. 

2d.  Article  9,  lines  4  and  5,  strike  out  the  words  "  including 
any  arrears  which  may  have  accrued." 

3d.  Article  .39,  lines  1,  2,  and  3,  strike  out  the  following : 
"Be  licensed  to  trade  with  the  Choctaws  or  Chickasaws,  except  by 
the  agent,  with  the  advice  and  consent,"  and  insert  in  lieu  thereof: 


64  TREATY  OF  1866. 

"  No  person  shall  expose  goods  or  other  articles  for  sale  as  a  trader 
without  a  permit." 

4th.  Strike  out  Article  42,  and  insert  in  lieu  thereof  the  fol- 
lowing as  a  substitute  :  "  The  Choctaw  and  Chickasaw  Nations 
t  shall  deliver  up  persons  accused  of  crime  against  the  United  States 
who  may  be  found  within  their  respective  limits  on  the  requisition 
of  the  Governor  of  any  State,  for  a  crime  committed  against  the 
laws  of  said  State,  and  upon  the  requisition  of  the  judge  of  the 
District  Court  of  the  United  States  for  the  district  within  which 
the  crime  was  committed." 

5th.  Article  46,  line  13,  strike  out  the  words  "not  less  than." 

6th.  Article  49,  line  3,  after  the  words  "United  States"  insert  : 
"  not  exceeding  three." 

1th.  Article  [50],  line  11,  to  and  including  line  15,  strike  out 
the  following  words:  "That  the  President  of  the  United  States 
shall,  within  three  months  from  the  ratification  of  this  treaty,  ap- 
point a  commission  to  consist  of  one  or  more  discreet  persons," 
and  insert  in  lieu  thereof :  "  that  the  commission  provided  for  in  the 
preceding  article  shall," 

Attest:  J.  W.  FORNEY, 

Secretary. 

And  whereas  the  foregoing  amendments  having  been  fully  ex- 
plained and  interpreted  to  the  respective  Commissioners  of  the 
Choctaw  and  Chickasaw  Nations  of  Indians  herein-before  named, 
they  did,  on  the  second  day  of  July,  one  thousand  eight  hundred 
and  sixty-six,  give  their  free  and  voluntary  assent  to  said  amend- 
ments, in  the  words  and  figures  following,  to  wit: 

Whereas,  the  Senate  of  the  United  States  did,  on  the  28th  day 
of  June,  A.  D.  1866,  advise  and  consent  to  the  ratification  of  the 
Articles  of  Agreement  and  Convention  between  the  United  States 
and  the  Choctaw  and  Chickasaw  Nations  of  Indians,  made  and 
concluded  at  the  city  of  Washington  the  twenty-eighth  day  of 
April  in  the  year  eighteen  hundred  and  sixty-six,  by  Dennis  N. 
Cooley,  Elijah  Sells,  and  E.  S.  Parker,  Special  Commissioners  on 
the  part  of  the  United  States  ;  and  Alfred  Wade,  Allen  Wright, 


TEEATY  OF  1866.  65 

James  Riley,  and  John  Page,  Commissioners  on  the  part  of  the 
Choctaws  ;  and  Winchester  Colbert,  Edmund  Pickens,  Homes 
Colbert,  Colbert  Carter,  and  Robert  H.  Love,  Commissioners  on 
the  part  of  the  Chickasaws,  with  the  following 

AMENDMENTS,  TO  wrr : 

1st.  At  the  end  of  Article  5,  and  the  following  : 

The  people  of  the  Choctaw  and  Chickasaw  Nations  stipulate 
and  agree  to  deliver  up  to  any  duly  authorized  agent  of  the 
United  States,  all  public  property  in  their  possession  which  be- 
long to  the*  late  so-called  "  Confederate  States  of  America,"  or  the 
United  States,  without  any  reservation  whatsoever,  particularly 
ordnance,  ordnance  stores,  and  arms  of  all  kinds. 

2d.  Article  9,  lines  4  and  5,  strike  out  the  words,  "includ- 
ing any  arrears  which  may  have  accrued." 

3d.  Article  39,  lines  1,  2,  and  3,  strike  out  the  following  : 

"  Be  licensed  to  trade  with  the  Choctaws  or  Chickasaws  except 
by  the  agent,  with  the  advice  and  consent,"  and  insert  in  lieu 
thereof  :  No  person  shall  expose  goods  or  other  articles  for  sale  as  a 
trader  without  a  permit. 

4th.  Strike  out  Article  42,  and  insert  in  lieu  thereof  the  fol- 
lowing as  a  substitute  : 

The  Choctaw  and  Chickasaw  Nations  shall  deliver  up  persons 
accused  of  crime  against  the  United  States,  who  may  be  found 
within  their  respective  limits,  on  the  requisition  of  the  governor  of 
any  State  for  a  crime  committed  against  the  laws  of  said  State, 
and  "upon  the  requisition  of  the  Judge  of  the  District  Court  of  the 
United  States,  for  the  district  within  which  the  crime  was  com- 
mitted. 

5th.  Article  46,  line  13,  strike  out  the  words:  "'not  less 
than." 


66 


TBEATY   OF   1866. 


6th.  Article  49,  line  3,  after  the  word  "  United  States  "  insert 
not  exceeding  three. 

7th.  Article  50,  lines  11,  to  and  including  line  15,  strike  out 
the  following  words  :  "  That  the  President  of  the  United  States, 
shall,  within  three  months  from  the  ratification  of  this  treaty,' 
appoint  a  commission,  to  consist  of  one  or  more  discreet  persons," 
and  insert,  in  lieu  thereof,  that  the  commission  provided  for  in  the 
preceding  article  shall. 

Now,  therefore,  we,  the  commissioners  on  the  part  of  the  said 
Choctaws  and  Chickasaws,  do  hereby  assent  and  agree  to  the  said 
amendments  above  written,  the  same  having  been  interpreted  to 
us,  and  being  fully  understood  by  us. 

Witness  our  hands  and  seals,  this  2d  day  of  July,  A.  D.  1866,  at 
Washington,  D.  C. 

ALFRED  WADE,  (seal.) 

ALLEN  WRIGHT,  (seal.) 

JAMES  RILEY,  (seal.) 

JOHN  PAGE,  (seal.) 

Choctaw  Commissioners. 
WINCHESTER  COLBERT,        (seal.) 

his 

EDMUND   M  PICKENS,  (seal.) 

mark. 

HOLMES  COLBERT,  (seal.) 

COLBERT  CARTER,  (seal.) 

ROBERT  H.  LOVE,  (seal.) 

Chickasaw  Commissioners 

JOHN  H.  B.  LATROBE, 
CHARLES  E.  MIX, 
P.  P.  PITCHLYNN, 

Principal  Chief  Choctaw  Nation. 
DOUGLASS  H.  COOPER, 
ALFRED  H.  JACKSON, 
W.  R.  IRWIN, 
LEWIS.  S.  HAYDEN, 
E.  S.  MITCHELL, 

Secretary  Chickasaw  Commission. 


In  presence  of 


TREATY   OF   1866.  67 

Now,  therefore,  be  it  known,  that  I,  Andrew  Johnson,  President 
of  the  United  States  of  America,  do,  in  pursuance  of  the  advice 
and  consent  of  the  Senate,  as  expressed  in  its  resolution  of  the 
twenty-eighth  day  of  June,  one  thousand  eight  hundred  and  sixty- 
six,  accept,  ratify,  and  confirm  the  said  treaty,  with  the  amend- 
ments as  aforesaid. 

In  testimony  whereof,  1  have  signed  my  name,  and  have  caused 
the  seal  of  the  United  States  to  be  hereto  affixed. 

Done  at  the  City  of  Washington,  this  tenth  day 
of  July,  in  the  year  of  our  Lord,  one  thousand  eight 
[SEAL.]     hundred  and  sixty-six,  and  of  the  Independence  of  the 
United  States  of  America  the  ninety-first. 

ANDREW  JOHNSON. 
By  the  President : 

WILLIAM  H.  SEWARD, 

Secretary  of  State. 


LAWS 


OF  THE 


CHOCTAW    NATION, 

EEVISED  AND  COLLATED  TO  OCTOBEE,  1867. 


SESSION  I.— 1834. 

ACT  making  the  killing  a  person  for  a  witch  a  capital 
offence. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  any  person  or  persons  who  shall  kill 
another  for  a  witch  or  wizard,  shall  suffer  death. 

And  any  person  who  shall  publicly  state  that  he  himself 
or  she  herself  is  a  witch  or  wizard,  or  shall  say  that  such  a 
person  or  persons  are  witches  or  wizards,  and  he  or  she 
knows  it  to  be  so,  shall  receive  sixty  lashes  on  the  bare  back. 

Approved  November  6,  1834. 


AN  ACT  respecting  "Wills. 

SEC.  k.—JBe  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  wills  made  either  verbally  or  in 


70  LAWS   OF  THE 

writing,  in  the  presence  of  two  or  more  witnesses,  shall  be 
valid  to  all  intents  and  purposes. 
Approved,  November  7,  1834. 


AN  ACT  forbidding  compensation  for  damages,  and  making 
the  person   destroying  the   stock   of  another,  when  the 
.  fence  is  not  lawful,  liable  to  make  restitution. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  no  person  or  persons  shall  be  allowed 
any  compensation  for  any  damage  that  he  may  sustain  from 
stock  breaking  into  his  farm,  unless  his  or  her  fence  be  made 
of  good  rails  and  ten  rails  high. 

And  be  it  further  enacted,  That  if  any  one  not  having  a  law- 
ful fence  should  destroy  or  injure  the  stock  of  another  for 
breaking  into  his  or  her  farm,  he  or  she  shall  be  liable  to  pay 
the  value  of  the  stock  so  injured  or  destroyed. 

Approved,  November  8, 1834. 


SESSION  II.— 1835. 
AN  ACT  defining  what  constitutes  lawful  matrimony. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaiv 
Nation  assembled,,  That  the  following  mode  of  matrimony  shall 
be  lawful  in  this  Nation,  viz.  :  the  parties  shall  go  before  any 
captain  or  preacher  of  the  gospel  in  the  Nation,  who  shall 
ask  the  grot>m  :  "  Are  you  willing  to  many  this  woman  whom 
you  hold  by  the  hand  as  your  lawful  wife  ?"  if  he  says  yes, 
then  the  captain  or  the  preacher  of.the  gospel  shall  then  ask 
the  woman :  "  Are  you  willing  to  become  the  wife  of  this 
man  who  holds  you  by  the  hand  ?"  if  she  says  yes,  or  be 
silent,  he  shall  say:  "I  pronounce  you  man  and  wife." 
Provided,  all  marriages  previous  to  this  act  shall  be  valid  and 
lawful,  and  all  property  shall,  upon  the  death  of  the  husband, 
descend  to  the  wife  and  children  of  the  deceased  husband, 


CHOCTAW   NATION.  71 

and  in  case  of  the  death  of  the  wife  the  husband  shall  in- 
herit the  estate. 
Approved,  October  8,  1835. 


SESSION   HI.— 1836.. 

AN  ACT  making  the  owners  of  hogs  responsible  for  all  dam- 
ages where  the  fence  is  lawful. 

SEC  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  a  fence  of  four  inch  cracks  between 
each  rail,  for  two  and  a  half  feet  from  the  ground,  shall  be 
considered  a  lawful  fence ;  and  hogs  breaking  into  a  field 
having  such  a  fence,  the  owner  or  owners  of  such  hogs  shall 
be  responsible  for  all  the  damages  sustained,  and  the  courts 
of  the  several  districts  shall  have  cognizance  of  such  cases. 

Approved,  October  4,  1836. 


AN  ACT  allowing  the  Choctaws  to  intermarry  without  any 
regard  to  distinction  as  to  Iksa. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  custom  of  not  intermarrying  with 
their  own  Iksa  among  the  Choctaw  people  shall  forever  be 
abolished ;  and  all  persons,  without  any  distinction  of  Iksa, 
are  left  to  make  their  own  choice  as  to  whom  they  shall 
marry. 

Approved,  October  6,  1836. 


AN  ACT  prohibiting  the  obstructing  or  shutting  up  of  public 

roads. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  if  any  person  or  persons  shall  stop  or 
obstruct  any  public  roads  in  any  way  whatever,  either  by 
throwing  trees  across  them  or  by  making  fields  over  them, 


72  LAWS   OF   THE 

lie  or  they  shall  pay  a  fine  not  exceeding  one  dollar,  to  be 
determined  by  the  court;  except  on  condition  that  he  or 
they  shall  remove  the  obstruction  or  make  another  road 
around  said  obstruction  equally  as  good  as  the  former ;  but 
should  any  other  person  or  persons  open  such  obstruction, 
he  or  they  shall  receive  the  tine. 
•  Approved,  October  8, 1836. 


AN  ACT  requiring  white  men  who  wish  to  work  in  the  Nation 
to  obtain  a  written  permit  from  the  Chief  or  the  Agent ; 
and  so  rendering  any  one  hiring  a  white  man  without  such 
permit,  liable  for  any  depredation  that  such  white  man 
may  commit. 

SEC.  7. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  all  white  citizens  of  the  United  States 
wishing  to  remain  in  the  Nation  under  employ  of  any  person, 
citizen  of  the  Choctaw  Nation,  may  do  so  by  procuring  per- 
mission in  writing  from  the  Chief  or  United  States  Agent. 
But  should  any  person,  citizen  of  this  Nation,  receive  any 
white  man  into  his  employ,  not  having  the  regular  permission 
to  remain  in  the  Nation,  and  should  such  white  man  commit 
any  depredation,  or  run  away  with  any  property  belonging 
to  the  Nation,  the  person  so  employing  shall  pay  all  dam- 
ages, and  make  good  to  the  person  or  persons  for  property 
so  stolen  or  injury  sustained. 

Approved,  October  8,  1836. 


AN  ACT  requiring  property  stolen  from  citizens  of  the  United 
States,  or  other  tribes,  to  be  returned. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  any  property,  of  whatever  nature  it 
may  be,  stolen  by  any  citizen  of  the  Choctaw  Nation,  from 
any  of  the  neighboring  tribes  of  Indians  or  citizens  of  the 
United  States,  and  brought  into  the  Nation,  said  property 


CHOCTAW  NATION.  73 

shall  be  delivered  to  District  Chiefs,  who  shall  inform  the 
United  States  Agent  of  such  offenders,  and  the  property  thus 
stolen  shall  be  returned,  if  possible,  to  the  proper  owner  or 
owners. 
Approved  October  9,  1836. 

AN  ACT  preventing  any  Indian  not  a  Choctaw  to  settle  in  the 
Nation  without  permission  from  the  General  Council. 

SEC.  10.— Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
no  person  belonging  to  any  tribe  of  Indians  or  people,  not  a 
descendant  of  the  Choctaws,  shall  be  permitted  to  settle  in 
the  Nation,  or  purchase  any  improvement  of  any  citizen  or 
citizens  of  this  Nation,  unless  by  permission  from  the  General 
Council. 

Approved  October  9, 1836. 


SESSION  IV.— 1837. 
AN  ACT  respecting  the  pay  of  Indian  Doctors. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  no  "  sucking  "  or  "  conjuring  "  Indian 
Doctor  shall  have  the  right  to  take  any  such  property  as 
horses,  cattle,  hogs  or  guns  from  any  sick  person  who  shall 
die  under  his  care ;  nor  from  any  person  else  unless  he  raises 
up  the  sick,  then  he  shall  be  entitled  to  whatever  shall  be 
offered  him ;  yet  he  shall  have  a  right  to  take  goods. 

Approved  October  5,  1837. 


SESSION  V.— 1838. 

AN  ACT  making  any  one1  who  pulls  or  leaves  down  the  fence 
of  another  liable  to  fine. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


74  LAWS   OF   THE 

Nation  assembled,  That  any  person  or  persons  who  shall  be 
convicted  of  the  crime  of  misdemeanor  or  pulling  and  leaving 
down  any  person's  field  or  farm  fence,  shall  be  compelled  to 
pay  such  a  fine  as  the  Court  may  estimate  the  damage  done 
to  the  owner  of  the  farm. 
Approved  October,  1838. 


AN  ACT  in  relation  to  Salt  Works. 

4. — Be  it  enacted  ~by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  from  and  aiter  the  passage  of  this  act, 
no  person  or  persons  shall  be  allowed  to  settle  or  destroy 
timber  within  naif  a  mile  of  any  salt  works  in  this  Nation, 
and  all  persons  who  shall  settle  within  the  above-named 
distance  from  such  salt  works  shall  be  liable  to  be  removed  by 
the  light-house  men  of  the  district  in  which  such  salt  works 
may  be  established,  on  application  being  made  to  the  Chief 
of  the  same,  in  case  the  person  so  settled  will  not  remove 
voluntary  upon  being  notified  of  the  passage  of  this  act. 
Approved  October,  1838. 


SESSION  VI.— 1839. 

•  AN  ACT  improvements  how  near. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  CJtoctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
no  citizen-  or  citizens  of  this  Nation  shall  be  allowed  to  settle 
on  improved  lands  within  a  shorter  distance  than  four  hun- 
dred and  forty  yards  in  a  direct  line  from  a  former  settler, 
without  his  or  her  consent.  And  any  citizen  so  offending  or 
violating  this  act  shall  be  liable  to  pay  a  fine  for  damages  to 
such  an  amount  of  money  or  property  as  a  disinterested  jury 
may  determine ;  and  such  offender  or  offenders  shall  be  com- ' 
pelled  by  the  light-horse  men  to  remove  out  of  tho  limits 


CHOCTAW   XATIOX.  75 

herein  specified  :  Provided,  such  settlement  be  not  within  an 
acknowledged  town,  place  of  gathering  or  village. 
Approved  October  11,  1839. 


AN  ACT  declaring  the  punishment  for  selling  of  the  country. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  any  Chief,  captain  or  citizen  of  this 
Nation  who  shall  sign  any  instrument  of  writing  in  any  way 
conveying  or  making  sale  of  any  portion  or  the  whole  of  the 
Choctaw  Nation,  shall  be  deemed  a  traitor  and  an  enemy  to 
his  country,  and  shall  suffer  death. 

And  be  it  further  enacted,  That  any  whiteman  in  the  Na- 
tion, who  shall  advise  or  encourage  any  citizen  of  this  Nation, 
verbally  or  in  writing,  to  consent  or  agree  to  a  sale  of  any 
part  or  the  whole  of  this  Nation,  shah1  be  deemed  a  bad  man, 
and  an  enemy  to  the  Choctaw  people;  and  on  application 
being  made  to  the  Agent  or  District  Chief  in  which  such 
offender  may  be  found,  shaU  be  forthwith  ordered  out  of  this 
Nation. 

Approved  October  9,  1839.      •  • 


SESSION  VII.— 1840. 
AN  ACT  relative  to  the  right  of  property  in  dispute,  &c. 

SEC.  I. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw Nation  assembled,  That  from  and  after  the  passage  of 
this  act,  that  when  disputes  arise  between  citizens  of  this 
Nation  respecting  the  rights  of  property,  and  upon  complaint 
being  made  to  the  judges  of  the  district  in  which  such  dif- 
ficulty may  exist,  it  shall  be  their  duty  to  order  the  light- 
horse  men  to  seize  and  hold  in  custody  such  property  until 
the  court  can  be  held  and  the  rights  of  property  be  tried : 
Provided,  hotvever,  when  the  defendant  can  give  good  security 
in  the  presence  of  one  or  more  light-horse  men  for  the  forth- 


76  LAWS   OF  THE 

coming  of  such  property  in  dispute  at  the  ensuing  court,  he  or 
she  may  be  permitted  to  hold  the  same  until  the  court  shall 
decide  ;  and  in  all  cases  where  property  is  held  in  custody 
for  trial,  the  party  losing  the  suit  shall  pay  the  light-horse 
men  for  their  services  as  may  be  determined  by  the  court. 
Approved  Oct.  7,  1840. 


AN  ACT  making  the  pistols  of  the  light-horse  men  the  pro- 
perty of  the  Nation. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  the  pistols  given  to  the  Nation  by  the 
United  States  Government  for  the  use  of  the  light-horse  men 
be  considered  as  public  property,  and  in  case  of  death  or 
resignation,  the  pistols  shall  be  transferred  to  their  successors 
in  office. 

Approved  October  8,  1840. 

AN  ACT  in  relation  to  white  men  marrying  in  the  Nation,  &c. 

SEC.  4. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  no  white  man  shall  be  allowed  to 
marry  in  this  Nation  unless  he  has  been  a  citizen  of  the 
same  for  two  years. 

And  be  it  further  enacted,  That  he  shall  be  required  to  pro- 
cure a  license  from  some  judge  or  the  district  clerk,  and  be 
lawfully  married  by  a  minister  of  the  Gospel,  or  some  other 
authorized  person  before  he  shall  be  entitled  and  admitted  to 
the  privilege  of  citizenship. 

And  be  it  further  enacted,  Should  any  officer  or  minister 
of  the  Gospel  who  are  authorized  by  law  to  marry  in  this 
Nation,  perform  such  marriage  ceremony  not  agreeable  to 
this  act,  shall  be  made  to  pay  a  fine  of  one  hundred  dollars 
for  each  offence,  and  the  money  shall  be  put  into  the  district 
treasury  in  which  said  marriage  ceremony  may  have  taken 
place. 


CHOCTAW   NATION.  77 

And  be  it  further  enacted,  That  no  white  man  who  shall 
marry  a  Choctaw  woman,  shall  have  the  disposal  of  her  pro- 
perty without  her  consent ;  and  any  white  man  parting  from 
his  wife  without  just  provocation,  shall  forfeit  any  pay  over 
to  his  wife  such  sum  or  sums  as  may  be  adjudged  to  her  by 
the  district  court  for  said  breach  of  the  marriage  contract, 
and  be  deprived  of  citizenship. 

Approved  Oct.,  1840. 

AN  ACT  requiring  clerks  and  judges  to  keep  record  of  the 

courts. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
each  clerk  of  the  several  districts  shall  be  furnished  with  a 
large  blank  book  out  of  the  district  funds  to  keep  a  correct 
record  of  all  the  proceedings  of  the  several  courts  in  his  dis- 
trict. 

And  be  it  further  enacted,  That  the  judges  in  the  several  dis- 
tricts of  each  court  shall  furnish  the  district  clerk  in  their 
respective  districts  with  a  full  copy  of  all  trials  under  his 
jurisdiction,  with  his  name  signed  to-  it,  which  bill  shall  be 
filed  and  put  on  record. 

Approved,  October,  1840. 


AN  ACT  prescribing  punishment  for  the  crime  of  incendiaries, 
destroyers  of  property,  and  also  of  accessories. 

SEC. '6. — Be  it  enacted  by  the  G-eneral  Council  of  the  Choctaiv 
Nation  assembled,  That  any  person  or  persons  who  shall  be 
convicted  of  the  crime  of  burning  another  person's  house  or 
houses,  or  in  any  manner  destroying  the  property  belonging 
to  a  citizen  of  this  Nation,  shall  be  subject  to  a  fine  equal  to  the 
value  of  the  property  so  destroyed,  and  in  addition  thereto, 


78  LAWS   OF  THE 

shall  receive  such  corporeal  punishment  as  the  court  may 
determine  ;  but  such  punishment  shall  not  exceed  thirty-nine 
lashes  on  the  bare  back,  unless  such  person  be  unable  to 
pay  the  fine,  in  which  case  he,  she  or  they,  shall  receive  one 
hundred  lashes. 

And  be  it  further  enacted,  That  accessories  and  advisers  to 
such  crime  shall  suffer  half  the  burden  of  the  fine  and  pun- 
ishment. 

Approved,  October,  1840. 


SESSION  VIII.— 1841. 
AN  ACT  prescribing  punishment  for  false  swearing. 

SEC  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  if  any  person  or  persons  shall  be  con- 
victed of  false  swearing,  or  making  false  statements  in  a  court 
of  justice,  such  offenders  shall  be  fined  not  less  than  ten  dollars 
nor  exceeding  one  hundred  dollars,  and  shall  receive  not  less 
than  five  nor  exceeding  thirty-nine  lashes  on  the  bare  back. 

Approved,  October,  1841. 

AN  ACT  permitting  Mrs.  Ward  and  family,  and  John  and 
William  Cooper,  to  remain  in  the  Nation. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Mrs.  Ward  and  family,  and  William 
Cooper  and  John  Cooper  are  hereby  permitted  to  remain 
in  the  Nation  during  good  behavior. 

Approved,  October,  1841. 


SESSION  IX.— 1843. 

AN  ACT  respecting  public  schools. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be,  a,nd  there  are  hereby 


CHOCTAW   NATIOX.  79 

established  the  following  institutions  of  learning,  viz.  :  Spen- 
cer Academy,  Fort  Coffee  Academy,  Koonslia  Female  Semi- 
nary, lanubbee  Female  Seminary,  Chuwahla  Female  Seminary, 
and  Wheelock  Female  Seminary. 

SEC.  2.  The  foregoing  institutions  on  learning  shall  be,  and 
they  are  hereby  located  at  the  following  places,  viz.  : 

The  Spencer  Academy,  at  the  point  on  the  Military  Road 
where  the  buildings  ajre  now  erecting  under  the  direction  of 
the  committee  appointed  in  1841,  about  nine  miles  north  of 
Doaksville.  The  male  branch  of  Fort  Coffee,  at  Fort  Coffee,  in 
Moshulatubbee  District.  The  Female  branch  of  this  academy 
shall  be  located  in  the  same  vicinity,  by  a  committee  who 
shall  be  appointed  by  the  General  Council  for  that  purpose. 
The  Koonsha  Female  Seminary,  at  such  point,  in  Pushima- 
taha  District,  as  may  be  selected  by  a  committee  who  shall 
be  appointed  by  the  General  Council  for  that  purpose.  The 
Chuwahla  and  lanubbee  Female  Seminaries,  at  such  points,  in 
Apuckshunnubbee  District,  as  may  be  selected  by  a  commit- 
tee who  shall  be  appointed  by  the  General  Council  for  that 
purpose.  The  Wheelock  Female  Seminary,  in  Apuckshun- 
nubbee District,  at  Wheelock. 

SEC.  3. — There  shall  be  and  is  hereby  appropriated  the 
following  sums  for  the  annual  support  of  these  institutions 
respectively  :  To  the  Spencer  Academy,  the  sum  of  six  thou- 
sand dollars  per  annum,  secured  to  the  Nation  for  educa- 
tional purposes  under  the  Treaty  made  at  Washington  City 
in  1825.  To  the  Koonsha  Female  Seminary,  three  thousand 
dollars  per  annum,  from  the  interests  arising  from  the  Chick- 
asaw  funds,  agreeable  to  the  Treaty  concluded  at  Doaksville 
in  January,  1837.  To  the  Wheelock  Female  Seminary,  six- 
teen hundred  dollars  per  annum,  from  the  same  fund.  To 
the  lanubbee  Female  Seminary,  sixteen  hundred  dollars  per 
annum,  from  the  same  fund.  To  the  Chuwahla  Female 
Seminary,  sixteen  hundred  dollars  per  annum,  from  the  same 


80  LAWS  OF  THE 

fund.     To  the  Fort  Coffee  Academy,  six  thousand  dollars  per 
annum,  from  the  same  fund. 

The  above  sums  of  money  shall  be  paid  over  to  the  super- 
intendents of  the  several  institutions,  from  time  to  time,  as 
it  is  received  from  the  United  States.  And  the  additional 
sum  of  three  thousand  dollars  out  of  the  money  arising  from 
the  sale  of  the  fifty-four  sections  of  land  set  apart  in  the 
Treaty  of  1820  for  educational  purposes,  shall,  with  the  con- 
sent of  the  United  States,  be  applied  to  the  support  of'  the 
Koonsha  Female  Seminary. 

SEC.  4. — There  is  granted  to  each  institution  mentioned  in 
this  act  the  use  of  as  much  land  as  may  be  needed  for  culti- 
vation, pasturage,  <fcc.  And  also  the  right  to  take  from  the 
public  domain  any  timber,  rock,  stone-coal,  or  other  mate- 
rials which  may  be  required  for  the  use  of  the  institution  or 
establishment. 

SEC.  5. — The  ttupenntendants  and  Teachers  in  the  several 
institutions,  with  their  families,  if  they  have  any,  shall  be  fur- 
nished house-room  and  lodging,  and  shall  board  at  the  same 
table  with  the  pupils  ;  but  shall  not  receive  in  addition  there- 
to, on  an  average,  a  salary  more  than  four  hundred  dollars 
per  annum,  each. 

SEC.  6. — Instruction  in  Agriculture  and  the  Mechanical 
Arts  shall,  in  the  male  schools,  be  combined  with  instruction 
in  letters ;  and  in  the  female  schools,  in  addition  to  letters, 
the  pupils  shall  be  instructed  in  housewifery  and  sewing,  &c. 

SEC.  7. — One  tenth  of  all  the  pupils  taught  in  these  differ-, 
ent  schools  shall  be  orphans :  Provided,  so  many  apply  for 
admission. 

SEC.  8. — The  Fort  Coffee  Academy  under  the  conditions, 
limitations,  and  restrictions  rendered  in  this  act,  shall  be 
placed  under  the  direction  and  management  of  Missionary 
Society  of  the  Methodist  Episcopal  Church :  Provided,  said 
Society  will  contribute  one  thousand  dollars,  per  annum,  to 
the  above-named  institution. 


CHOCTAW   NATION.  81 

SEC.  9. — The  Koonsha  Female  Seminary  and  the  Chuwahla 
Female  Seminary,  the  lanubbee  Female  Seminary,  and  the 
"Wheelock  Female  Seminary,  under  the  conditions,  limita- 
tions, and  restrictions  rendered  in  this  act,  shall  be  placed 
under  the  direction  and  management  of  the  American  Board 
of  Commissioners  for  Foreign  Missions  :  Provided,  they  will 
contribute,  annually,  to  the  above-named  institution  in  pro- 
portion as  the  Methodist  Episcopal  Church  is  required  to 
do. 

Approved,  November,  1842. 


AN  ACT  authorizing  the  attendance  of  light-horse  men  at  the 

schools. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  a  light-horse  man  ap- 
pointed to  act  at  each  of  the  public  schools  in  this  Nation, 
and  to  receive  their  appointments  from  the  trustees  and 
superintendents  of  the  schools  to  which  they  shall  respect- 
ively belong,  and  receive  a  salary,  to  be  determined  by  the 
trustees  and  superintendents,  and  paid  out  of  the  school 
fund,  and  whose  duties  shall  be  specified  by  the  trustees  and 
superintendents. 

Approved,  November,  1842. 


AN  ACT  requiring  the  return  of  runaway  children  from  the 

schools,  &«. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  when  a  student,  who  may  have  been 
placed  in  school  under  the  school  appropriation,  shall  leave 
the  school  without  leave  or  permission,  he  shall  be  returned 
forthwith  by  his  parents  or  guardians,  or  be  brought  back 
by  the  light-horse. 

Approved,  November,  1842. 
G 


82  LAWS  OF  THE 

AN  ACT  relating  to  students  incapable  of  learning. 

SEC.  4. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  when  a  student,  upon  a  fair  trial  of 
two  years,  is  found,  from  mental  inability,  incapable  to  learn 
or  improve,  such  pupils  shall,  at  the  request  of  the  trustees, 
be  removed  from  the  institution,  and  others  selected  to  fill 
the  vacancy. 

Approved,  November,  ]  842. 


AN  ACT  relative  to  the  students  under  appropriation. 

SEC.  5.-— J5e  it  enacted  by  tJie  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  male  students  selected  to  fill  the 
schools,  shall  be  from  the  age  of  ten  to  sixteen,  and  females 
from  the  age  of  eight  to  fourteen  years. 

And  be  it  further  enacted,  That  no  family  hereafter  shall  be 
allowed  to  put  more  than  one  child  in  public  institutions  of 
this  Nation  ;  but  those  that  have  already  two  children  at  said 
schools,  they  shall  remain  until  they  complete  their  educa- 
tion ;  and  those  that  have  more  than  two  in,  shall  be  com- 
pelled to  take  them  out  immediately  or  pay  the  expenses  to 
the  institutions. 

Approved,  November,  1842. 


AN  ACT  requiring  no  trading  house  to  be  established  within 
three  miles  of  any  public  schools. 

SEC.  6.  Be  it  enacted  by  the  General  Council  of  the  Choctato 
Nation  assembled,  That  nb  person  or  persons  shall  be  al- 
lowed to  establish  a  store  or  trading  house  within  three  miles 
of  any  of  the  public  schools. 

Approved,  November,  1842. 

AN  ACT  requiring  the  regulations  of  the  public  schools  to  be 

laid  before  the  General  Council. 
SEC.  7. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


CHOCTAW  NATION.  83 

Nation  assembled,    That  the  rules  and  regulations  of  each 
public  school  shall  be  laid  before  the  General  Council  for  its 
approval. 
-Approved,  November,  1842. 

AN  ACT  declaring  the  punishment  for  cutting  down  hickory 
and  pecan  trees  for  the  nuts. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  no  person  or  persons  shall  cut  down 
hickory  or  pecan  trees  for  the  nuts  in  this  Nation ;  and  the 
persons  so  offending  shall  be  liable  to  a  fine  of  two  dollars 
per  tree,  and  one  half  of  said  fine  shall  go  to  the  informer 
and  the  other  half  shall  be  as  district  funds. 

Approved,  November,  1842 


SESSION  X.— 1843. 

AN  ACT  prohibiting  the  riding  of  a  stray  horse  out  of  the 

Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  no  man  shall  ever  be  allowed  to  take  or  ride  any  stray 
horse  beyond  the  limits  of  the  Choctaw  Nation ;  and  any 
one  so  offending  shall  pay  the  value  thereof  to  the  Nation  or 
to  the  owner  of  said  stray,  if  said  stray  should  be  lost  in  any 
way,  or  should  be  taken  from  him  by  fraud. 

Approved,  October,  1843. 


AN  ACT  providing  for  the  punishment  of  assault  and  battery. 

SEC.  2.  — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act,  if 
any  persons  or  persons  should  strike  or  otherwise  injure  ano- 
ther person  without  provocation,  through  malice,  so  that  such 


84  LAWS   OF  THE 

injured  person  snould  lose  any  time  from  his  business,  the 
person  so  offending  shall  be  liable  to  be  sued  in  the  courts 
of  this  Nation,  and  shall  be  subject  to  fine  and  be  compelled 
to  pay,  by  the  light-horse  men,  such  fine  as  the  jury  may  de- 
termine, which  fine,  when  collected,  shall  be  paid  over  to  the 
person  so  maimed  or  injured. 
Approved,  October,  1843. 


AN  ACT  relating  to  all  strays,  etc. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  tlie  Choctaw 
Nation  assembkd,  That  from  and  after  the  passage  of  this 
act,  that  all  stray  property,  the  owner  of  which  not  known, 
shall  be  taken  and  posted  as  follows  :  That  when  any  person 
shall  take  up  any  stray  horse  or  horses,  he  shall  be  required 
to  give  public  notice,  and  if  the  owner  of  such  stray  does  not 
appear  within  three  months  from  the  time  that  such  beast 
was  taken  up,  then  the  one  that  took  up  shall  take  such 
stray  before  any  judge  ;.  then  it  shall  be  the  duty  of  the  judge 
to  authorize  two  or  more  persons  to  appraise  the  same,  and 
the  description  and  value  taken  down  in  writing,  and  a  copy 
of  the  description  and  valuation  shall  be  furnished, to  the  dis- 
trict clerk ;  then  it  shall  be  the  duty  of  the  district  clerk  to 
have  the  same  advertised  in  one  or  more  public  places  in  his 
own  district.  And  if  the  owner  of  such  b3ast  do  not  appear 
within  twelve  months,  after  which  time  the  property  shall  be 
sold  to  the  highest  bidder  by  any  light-horse  men,  by  first 
giving  fifteen  days'  notice  of  the  sale ;  and  one  half  of  the 
proceeds  shall  go  to  the  one  that  took  up,  then  he  shall  pay 
the  district  clerk  one  dollar  and  a  half,  and  the  other  half  of 
the  proceeds  shall  go  to  the  district  in  which  such  stray  may 
be  sold  ;  but  should  the  owner  appear  before  the  expiration 
of  twelve  months,  and  prove  his  or  her  property  before  any 
judge,  he  or  she  shall  be  entitled  to  the  same,  by  paying  one 
dollar  and  a  half  each  to  the  district  clerk  and  the  one  that 
took  up. 


CHOCTAW  NATION.  85 

2.  That  every  person  who  shall  take  up  stray  cattle  shall 
be  required  to  give  public  notice  of  the  same,  and  if   the 
owner  of  which  do  not  appear  within  six  months  from  the 
time  that  such  stray  was  taken  up,  then  the  one  that  took 
up  shall  notify  any  judge  of  such  stray  property ;  then  it 
shall  be  the  duty  of  the  judge  to  authorize  two  or  more  per- 
sons to  appraise  the  same ;  and  also,  state  the  age,  brand, 
mark  and  color,  in  writing,  and  a  copy  of  the  same  shall  be 
furnished  the  district  clerk ;  then  it  shall  be  the  duty  of  tho 
district  clerk  to  advertise  the  same  in  one  or  more  public 
places  in  his  district,  and  if  the  owner  of  such  animal  do  not 
appear  within  twelve  months,  after  which  time  the  property 
shall  be  sold  to  the  highest  bidder  by  any  light-horse  men, 
by  first  giving  fifteen  days'  notice  of  the  sale,  and  one  half  of 
the  proceeds  shall  go  to  the  one  that  took  up  ;  then  he  shall 
pay  the  district  clerk  one  dollar  per  head,  and  the  other  half 
of  the  proceeds  shall  go  to  the  district  in  which  such  sale 
may  take  place  ;  but  if  the  owner  of  such  animal  should  ap- 
pear before  the  expiration  of  twelve  months,  and  prove  his  or 
her  property  before  any  judge,  he  or  she  shall  be  entitled  to 
the  same,  by  paying  twenty-five  cents  per  head  each,  to  dis- 
trict clerk  and  the  one  that  took  up. 

3.  That  every  person  who  shall  take  up  stray  hogs  or 
sheep  shall  be  required  to  give  public  notice  of  such  strays, 
and  if  the  owner  of  said  stray  does  not  appear  within  six 
months  from  the  time  such  stray  property  was  taken  ups 
then  the  one  that  took  up  shall  notify  any  judge  of  such 
stray  property ;  then  it  shall  be  the  duty  of  the  judge  to  au- 
thorize two  or  more  persons  to  appraise  the  same,  and  state 
the  color  and  ear-mark  of  each  stray,  in  writing,  and  a  copy 
of  the  same  shall  be  furnished  the  district  clerk,  and  whose 
duty  it  shall  be  to  advertise  the  same  in  one  or  more  public 
places  in  his  own  district.     And  if  the  owner  of  such  prop- 
erty should  not  appear  within  twelve  months,  after  which 
time  the  property  shall  be  sold  to  the  highest  bidder  by  any 
one  of  the  light-horse  men,  by  first  giving  fifteen  days'  no- 


86  LAWS   OF  THE 

tice  of  the  sale,  and  one  half  of  the  proceeds  shall  go  to  the 
one  that  took  up,  then  he  shall  pay  the  district  clerk  twenty- 
five  cents  per  head ;  but  should  the  owner  appear  before  the 
expiration  of  the  twelve  months,  and  prove  his  or  her  prop- 
erty before  any  judge,  he  or  she  shall  be  entitled  to  the  same 
by  paying  twelve  and  a  half  cents  per  head  each  to  the  dis- 
trict clerk  and  the  one  that  took  up. 

4.  That  no  person  shall  take  up  any  stray  unless  the  same 
be  found  on  his  or  her  plantation,  or  running  with  his  or  her 
stock. 

5.  That  every  person  shall  take  up  a  stray  horse  or  horses 
shall  be  required  to  take  said  strays  to  the  stray  pen  at  every 
Supreme  Court  in  their  respective  district  and  keep  them 
during  the  collection  of  the  people. 

6.  That  every  person  who  shall  take  up  any  stray  animal, 
and  abuse  the  said  animal  so  as  to  cause  its  death,  shall  pay 
the  value  of  the  stray  to  the  owner  or  to  the  district,  as  may 
be  determined  by  any  court  having  jurisdiction  thereof. 

7.  That  every  person  who  shall  take  up  any  stray  animal 
should  fail  to  take  said  stray  to  the  stray  pen  the  second 
time,  any  judge  shall  appoint  some  other  person  or  persons 
to  take  charge  of  said  stray. 

Approved  October,  1843. 


AN  ACT  requiring  stray  pen  to  be  made. 

SEC.  6.— Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  a  stray  pen  of  four  hun- 
dred rails  and  good  bars  made  in  each  of  the  three  districts, 
at  their  respective  Supreme  Court  grounds. 

Any  person  shall  have  the  liberty  of  making  the  said  pen, 
who  shall  be  paid  five  dollars  out  of  the  funds  arising  from 
the  sale  of  strays. 

Approved  October,  1843. 


CHOCTAW   NATION.  87 


SESSION  XI.— 1844. 

AN  ACT   authorizing  Judges  to  preserve  order  in  time  of 

Court. 

SEC  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  the  Judges  of  this  Nation  shall  'have,  and  are  hereby- 
invested  with,  full  power  to  keep  good  order  and  regulations 
at  their  respective  courts.  Any  person  or  persons  who  should 
come  and  threaten  the  life  of  any  'person  at  court,  or  treat 
the  court  with  contempt  while  in  session,  shall  be  taken  into 
custody  by  the  light-horse  men  and  fined  not  exceeding  fifty 
dollars,  the  same  to  be  determined  by  the  judges  of  the  court ; 
and  if  the  offender  be  unable  to  pay  the  money  the  judge 
shall  have  the  right  to  order  the  light-horse  men  to  take  any 
property  belonging  to  him,  and  sell  it  to  the  highest  bidder, 
and  pay  the  said  fine. 

The  money  thus  collected  shall  go  to  the  district  treasurer 
for  the  use  of  district  purposes. 

And  be  it  further  enacted,  That  any  person  or  persons  refus- 
ing to  be  taken  into  custody  for  any  criminal  offences  or  for 
contempt  of  court,  and  shall  take  up  any  unlawful  weapons, 
the  light-horse  men  shall  have  the  power  to  take  them,  dead 
or  alive,  and  they  shall  be  protected  by  the  laws  of  the 
Nation. 

Approved  October,  1844. 


AN  ACT  directing  the  Trustees  to  examine  the  account  of 

Schools. 

SEC.  4. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  it  shall  be  the  duty  of  the  Board  of 
Trustees,  collectively  or  separately,  to  examine  the  accounts 
of  the  Public  Schools  quarterly,  or  at  such  time  as  may  be 


88  LAWS  OF  THE 

necessary,  and  if  correct,  to  certify  upon  honor  to  the  cor- 
rectness of  the  same. 
Approved  October,  1844. 


AN  ACT  forbidding  free  Negroes  to  have  any  share  in  the 

annuity. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  Hue,  Choctaw 
Nation  assembled,  That  no  free  negro  unconnected  with  Choc- 
taw  blood,  shall  ever  be  allowed  to  draw  any  money  from  the 
Choctaw  annuity. 

Approved  October,  1844. 


AN  ACT  providing  for  the  removal  of  some  Indians  in  the 

Nation. 

SEC.  6. — Be  it  enacted  by  tJie  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  the  intruding  tribes  of  Indians  that 
are  now  residing  within  the  limits  of  the  Choctaw  Nation, 
shall  be  required  to  leave  the  Nation  as  soon  as  practicable. 
And  that  the  Chiefs  of  the  Nation  be  required  to  inform 
Major  William  Armstrong,  United  States  Agent,  of  the  exist- 
ence of  this  act,  and  request  him  to  have  them  removed 
without  the  limits  of  the  Choctaw  Nation  :  Provided,  hoivever, 
the  Caddoes,  who  at  a  previous  session  of  the  General  Coun- 
cil, having  obtained  permit  to  live  in  the  Nation,  shall  be 
exempt  from  the  operation  of  this  act ;  and  also  the  following 
named  families  of  Indians  be  allowed  to  remain  unmolested 
by  the  operation  of  this  act,  viz :  Charley,  Mike,  McCoy, 
Cherokees;  Little  Boy,  and  Frank's  family,  and  Strong  Man, 
Delawares;  Capt.  Beaver,  Panther,  and  Oats,  Shawnees, 
and  their  families  ;  and  one  family  of  Quapaws,  living  above 
the  mouth  of  Washita,  on  Ked  River. 

Approved  October,  1844. 


CHOC  TAW   NATION.  .  89 


SESSION  XII.— 1845. 

A  RESOLUTION  in  relation  to  the  safe  keeping  of  the  Patent 
from  the  United  States. 

SEC.  1. — Resdved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Patent  from  the  United  States 
Government  for  the  Choctaw  country,  shall  be  placed  in  the 
hands  of  Col.  Thomas  Leflore  for  safe  keeping. 

Approved  October  4,  1845. 


AN  ACT  placing  Spencer  Academy   and  Norwalk   Schools 
under  the  direction  of  Assembly's  Board. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Spencer  Academy  shall  be  placed 
under  the  control  and  direction  of  the  Assembly's  Board : 
Provided,  that  Board  will  contribute  two  thousand  dollars 
annually  to  the  support  of  the  institution ;  to  be  conducted 
in  the  same  manner,  with  the  same  privileges,  restrictions 
and  conditions  provided  in  the  School  Act,  entitled,  "  An 
Act  providing  for  a  system  of  Public  Instruction  in  the  Choc- 
taw Nation,"  passed  29th  of  November,  1842.  And  it  shall 
be  the  duty  of  the  School  Trustees  to  request  Rev.  Cyrus 
Kingsbury  to  correspond  with  the  above  Board  upon  the 
subject,  and  if  they  will  accept  the  terms  offered,  to  urge 
them  to  come  and  take  charge  of  the  institution  at  the  ear- 
liest time  possible. 

Approved  October  7,  1845. 


SESSION  XIII.— 1846. 


SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  if  any  student  in  the  public  schools  in 
this  Nation  shall  run  off  and  gp^  home  with  his  clothes,  that 


90  LAWS   OF  THE 

were  given  to  him  at  the  institution,  and  the  parents  or  guardian 
of  such  student  should  or  neglect  to  send  him  or  his  clothes 
back  in  the  time  prescribed,  he  01?  they  shall  be  made  to  pay 
the  value  thereof  from  the  annuity  of  such  students,  and 
parents  or  guardians. 
Approved  October  15,  1846. 


SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  any  person  or  persons  disturbing  any  religious  devotions 
shall  be  taken  up  and  presented  before  the  judge  by  the 
light-horse  men,  who  is  hereby  authorized  by  law  to  fine 
them,  but  the  fine  shall  not  exceed  five  dollars  for  each  person 
so  offending,  and  the  fine  so  collected  shall  belong  to  the 
district  in  which  it  may  be  collected. 

Approved  October  16, 1846. 


AN  ACT  providing  the  pay  of  witnesses  summoned  to  attend 

court. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  witnesses  summoned  to  attend 
court  shall  be  allowed  two  cents  per  mile  going  and  returning 
from  court,  and  fifty  cents  per  day  while  attending  at  court 
till  discharged,  to  be  collected  by  the  light-horse  men  off  the 
person  losing  the  suit,  except  in  cases  of  murder,  in  which 
case  the  district  shall  pay  the  witnesses  in  behalf  of  the  pro- 
secuting party. 

Approved,  October  16,  1846. 


AN  ACT  requiring  certain  qualification  for  judgeship. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  Chociaw 
Nation  assembled,  That  no  person  shall  be  appointed  or  elected 


CHOCTAW   NATION.  91 

judge  in  this  Nation  unless  lie  can  read  the  English  or  Choc- 
taw  language. 
Approved,  October  16,  1846. 


SEC.  10. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  every  person  who  shall  be  convicted  of 
having  forged,  counterfeited,  or  falsely  altered  any  Will, 
Deed  of  Gift,  Note,  or  Order,  or  any  other  instrument  in 
which  any  valuable  consideration  may  be  in  question,  shall 
be  guilty  of  forgery,  and  shall  be  punished  with  not  less  than 
thirty-nine  lashes,  and  fined  not  less  than  twenty-five,  nor 
exceeding  five  hundred  dollars. 

Approved,  Qptober  16,  1846. 


AN  ACT  declaring  the  punishment  for  the  crime  of  rape. 

SEC.  11. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  any  person  who  shall  be  convicted  of 
the  crime  of  committing  rape,  or  forcibly  ravishing  a  woman 
or  girl,  shall  receive  one  hundred  lashes  laid  on  his  bare 
back,  and  for  the  second  offence  of  the  same  nature,  the 
offender  shall  suffer  death.  But  in  case  of  an  attempt  only, 
to  ravish  a  woman  or  girl,  the  court  shall  determine  the 
penalty ;  but  the  guilty  person  shall  not  receive  more  than 
thirty  lashes  on  the  bare  back. 

Approved,  October  16,  1846. 


AN  ACT  forbidding  the  driving  of  the  stock  out  of  their 

range,  &c. 

SEC.  12. — Be  it  enacted  by  tJie  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
no  person  or  persons  shall  be  allowed  to  drive  horses,  mules, 
cattle,  hogs  or  sheep,  from  the  range  to  which  the  same  may 
belong ;  but  it  shall  be  the  duty  of  every /person  or  persons 
who  may  be  driving  horses,  mules,  cattle,  hogs,  or  sheep,  if 


92  LAWS  OF  THE 

any  such  stocks  not  belonging  to  his  or  her  drove,  should  join 
the  drove,  he  or  she  who  may  be  driving  shall  halt  the  drove 
at  the  nearest  pen  or  some  other  convenient  place,  and  separate 
all  such  stock  as  do  not  belong  to  his  or  her  drove,  or  the  per- 
son or  persons  for  whom  they  may  be  employed  to  collect  or 
drive  stock. 

And  be  itfurtJier  enacted,  That  if  any  person  or  persons 
shall  violate  the  provisions  of  this  act,  shall  pay  a  fine  and 
damages  according  to  the  decision  of  the  district  court  where 
such  offence  may  be  committed,  for  the  use  and  benefit  of 
the  person  or  persons  suing  for  the  same. 

Approved,  October  16,  1846. 


AN  ACT  in  relation  to  witnesses  failing  to  attend  court,  &c. 

SEC.  13. — Be  it  enacted  by  tJie  General  Conned  of  the  Choctaw 
Nation  assembled,  That  all  witnesses  who  are  summoned  to 
attend  court,  and  cannot  go  in  case  he  is  sick  or  his  family, 
and  gives  a  good  lawful  excuse,  he,  she,  or  they  will  be  re- 
quired to  give  their  statement  under  oath  before  any  acting 
judge,  and  the  said  judge  shall  take  his  or  her  statement  in 
writing,  which  shall  answer  the  same  as  if  it  had  been  made 
in  court. 

Approved  Oct.  17,  1846. 


SESSION  XIV.— 1847. 
AN  ACT  granting  rights  and  privileges  to  certain  Cherokees. 

SEC  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  by  authority  vested  in  us  in  the  17th 
section  of  the  General  Provisions  in  the  Constitution,  we  do 
grant  and  extend  to  John,  Elizabeth  J.,  and  Richard  Brown, 
of  the  Cherokee  Nation,  equal  rights,  privileges,  immunites 


CHOCTAW  NATION.  93 

and  franchise,  held  and  enjoyed  in  the  Nation  by  the  Choc- 
taw  citizens,  with  the  exception  of  that  forbidden  in  the 
Constitution,  and  furthermore,  shall  not  participate  in  the 
annuities  and  schools. 
Proposed  by  E.  M.  JONES. 


AN  ACT  declaring  the  punishment  for  separating  man  and 

wife. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaiu 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
any  person  who  shall  be  found  guilty  of  taking  or  separating 
a  woman  from  her  husband  who  was  lawfully  married,  he  or 
they  so  offending  shall  pay  a  fine  of  ten  dollars  which  shall 
go  to  the  district  treasury,  and  the  parties  restored  to  each 
other  if  they  wish  it. 

Approved,  October  12, 1847. 


AN  ACT  disturbing  the  peace  of  families. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  if  any  person  or  persons  who  shall  go  into  the  inside  of 
the  enclosure  or  into  the  house  of  any  person  or  persons  and 
use  abusive  language,  and  disturb  the  peace  of  any  family  or 
families,  shall  be  liable  to  pay  a  fine  to  be  determined  by 
court,  such  fine  shall  not  exceed  fifty  dollars  nor  less  than 
five  dollars,  which  shall  go  to  the  injured  party. 

Approved,  October  13,  1847. 


AN  ACT  government  and  discipline  of  Spencer  Academy. 

SEC.  7. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled.  A  communication  having  been  received 
from  the  Secretary  of  the  Board  of  Foreign  Missions  of  the 


94  LAWS  OF  THE 

Presbyterian  church,  relative  to  the  government  of  Spencer 
Academy,  and  the  same  being  under  consideration. 

Be  it  further  enacted,  That  we  consider  the  government,  con- 
trol and  discipline  of  Spencer  Academy  to  be  vested,  in  the 
aforesaid  Board  of  Foreign  Missions,  with  the  proviso,  viz. : 
That  the  Board  of  Trustees  of  Public  Schools  appointed  by 
the  General  Council  of  the  Choctaw  Nation,  reserve  the  right 
of  investigating  and  reporting  to  the  Council  relative  to  the 
conduct  of  any  teacher  or  superintendent  against  whom  any 
serious  charges  may  be  made,  and  the  General  Council  of  the 
Choctaws  has  the  power,  according  to  the  9th  section  of  the 
school  law,  to  require  the  aforesaid  Board  to  remove  such 
teacher  or  superintendent. 

The  trustees  of  the  schools  also  reserve  the  right  of  acting 
with  the  superintendent  in  cases  when  it  may  be  necessary 
to  expel  pupils  from  any  of  the  public  schools  in  the  Choc- 
taw  Nation. 


AN  ACT  empowering  the  Chief  to  call  upon  the  other  chiefs 

to  aid  him. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  in  case  the  light-horse  men  of  any  district  shall  not  be 
able  to  execute  the  orders  of  the  chief  or  judges  of  any  of 
the  several  districts,  they  shall  report  the  same  to  the  chief 
of  their  district,  who  shall  have  the  power  to  call  upon  the 
chief  or  chiefs  of  the  other  districts  to  aid  him  with  his  light- 
horse  men  in  executing  his  orders. 

Approved,  October  12, 1847. 

AN  ACT  guardians  for  orphan  minors. 

SEC.  10. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  all  orphan  minors  having  neither 
father  nor  mother,  shall  have  a  guardian  appointed  for  them 
by  court. 


CHOCTAW   NATION".  95 

And  be  it  further  enacted,  That  a  schedule  of  the  property 
belonging  to  the  orphan  minors  shall  be  made  out  by  two 
responsible  persons  appointed  by  the  Judge  of  the  County 
Court,  and  be  placed  on  record  in  the  office  of  the  District 
Secretary. 

And  be  it  further  enacted,  That  before  a  guardian  enter  upon 
the  duties  of  his  office,  shall  be  duly  sworn  by  the  Judge  for 
the  faithful  performance  of  his  duties,  and  he  shall  be  re- 
quired by  the  court  to  give  a  fair  and  full  statement,  annu- 
ally, of  the  condition  of  all  and  each  kind  of  property  placed 
in  his  hands,  and  the  same  be  put  on  record  as  aforesaid,  so 
that  the  property  may  not  be  wasted  or  squandered. 

And  be  it  further  enacted,  That  if  the  means  will  enable  the 
guardian,  he  shall  make  every  effort  to  give  the  orphan  un- 
der his  charge  an  education. 

And  be  it  further  enacted,  That  all  orphans  destitute  of  pro- 
perty, and  who  are  not  in  the  hands  of  relatives  or  friends, 
the  court  shall  appoint  a  guardian  for  them,  whose  duty  shall 
be  to  look  out  a  good  home  for  them,  and  bind  them  out 
where  they  may  be  kindly  treated,  clothed,  and  fed,  and 
trained  up  in  the  habits  of  industry,  and  where  means  of  in- 
struction may  be  given  to  them,  if  such  means  are  conve- 
nient. And  all  orphan  minors  having  little  property,  shall 
also  be  placed  in  like  manner. 

And  be  it  further  enacted,  That  there  shall  be  no  debts  col- 
lected of  the  estate  of  any  deceased  person  until  the  expira- 
tion of  twelve  months  from  the  day  of  his  death. 

And  be  it  further  enacted,  That  the  widow  shall  have  the 
preference  of  being  appointed  guardian  for  the  minor  chil- 
dren, or  such  person  or  persons  as  she  may  recommend  to 
the  court. 

And  be  it  further  enacted,  That  all  persons  before  they  enter 
on  their  guardianship,  shall  enter  into  a  good  and  sufficient 
bond,  with  approved  security,  in  a  sum  at  least  equal  in  value 
to  the  estate  taken  in  charge  of.  And  that  in  case  of  a  fail- 


96  LAWS  OS  THE 

ure  of  complying  with  such  bond,  the  principal  and  securities 
shall  be  proceeded  against  in  court,  compelling  the  principal 
and  securities  to  return  the  property  or  pay  the  value  of  the 
same — and  the  light-horse  men  may  be,  instructed  by  the 
court  to  make  such  collections. 

And  be  it  further  enacted,  That  all  minors  shah1  be  deemed 
competent  to  take  charge  of  their  estate  so  soon  as  they 
marry,  or  a  male  arriving  at  the  age  of  twenty,  and  female  at 
sixteen  years. 

Be  it  further  enacted,  That  the  guardian  shall  receive  three 
per  cent,  out  of  the  estimate  of  the  property  that  may  be 
placed  in  his  or  her  charge. 

And  be  it  further  enacted,  That  this  act  shall  not  be  construed 
as  to  interfere  with  the  provisions  of  a  will. 

Approved,  October  14,  1847. 


AN  ACT  granting  to  new  emigrants  equal  rights. 

SEC.  11. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  the  late  and  new  emigrant  Choc- 
taws  to  this  country,  shall  have  equal  rights  with  the  old 
settlers  in  participation  of  the  schools  in  this  Nation. 

Approved,  October  14,  1847. 


SESSION  XV.— 1848. 

AN  ACT  making  officers   of  this  Nation,   guilty   of    selling 
whisky  or  getting  drunk,  liable  to  impeachment. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Cltoctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
any  chiefs,  captains,  or  any  other  officers  who  were  elected 
either  by  the  people  or  the  General  Council,  shall  be  found 


CHOCTAW   NATION.  97 

guilty  of  selling  whisky  or  any  other  spirituous  liquor,  or 
being  found  drunk  twice  from  the  effects  of  •  whisky  or  any 
other  liquors,  shall  be  liable  to  impeachment  according  to  the 
provision  made  in  the  Constitution. 

And  be  it  further  enacted,  That  all  officers  under  the  appoint- 
ment of  the  Chiefs,  who  shall  be  found  guilty  of  violating  the 
preceding  portion  of  this  act,  shall  be  removed  from  office 
forthwith  by  the  Chiefs  of  their  respective  districts. 

And  be  it  further  enacted,  That  any  of  the  Chiefs  who  shall 
neglect  to  discharge  his  duty  in  office,  as  expressly  specified 
in  the  above  act,  shall  be  liable  to  be  impeached. 

Approved  October  9,  1848. 


AN  ACT  providing  the  pay  for  Stock  killing  one  another. 

SEC.  3.  —  Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Xnfion  assembled,  That  from  and  after  the  passage  of  this  act, 
that  all  property  consisting  of  horses,  cattle,  jacks,  jennies, 
mules,  hogs,  sheep,  goats,  and  dogs,  that  may  kill  each  other, 
the  animal  that  was  killed  shall  be  valued  by  three  disinter- 
ested persons,  and  the  person  whose  beast  was  killed  shall 
receive  half  the  amount  of  his  valuation  from  the  owner  of 
the  beast  that  clone  the  damage,  to  be  collected  by  the  ligjit- 
horse  men. 

Approved  October  9,  1848.  :. 


AN  ACT  requiring  stud  jack  or  jackmule,  etc.,  to  be  altered. 

SEC.  4. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Xafion  assembled,  That  from  and  after  the  passage  of  this  act, 
that  if  any  stud  horse,  jack,  or  jackmule  is  found  with  any 
person's  horse  or  horses,  and  the  owner  be  known,  he  shall 
be  notified  to  take  him  away,  and  should  he  refuse  or  neglect 
to  do  so,  in  due  time,  or  in  case  the  owner  of  such  beast  or 
beasts  be  unknown,  he  shall  be  taken  to  the  nearest  person 
7 


98  LAWS   OF   THE 

who  understands  castrating  and  have  him  altered,  and  should 
such  a  horse,  jack,  or  jackmule  recover,  the  owner  shall  pay 
to  the  taker  up,  and  the  person  who  castrated  him,  one  dollar 
each. 

And  be  it  further  enacted,  That  should  the  owner  refuse  to 
pay  such  fine,  the  amount  may  be  collected  by  the  light-horse 
men,  who  shall  have  one  additional  dollar  for  his  trouble. 

But  should  the  horse,  jack,  or  jackmule  die  from  castra- 
tion, the  owner  will  not  be  required  to  pay  anything. 

Approved  October  9,  1848. 


AN  ACT  charge  to  Jurors  by  the  Judge  as  to  the  points  of 

the  law. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  judge  of  any  trial  shall  give  a  charge  to  the  jurors  as  to 
the  points  of  the  law,  that  is  equitable  to  the  case  on  trial. 

And  be  it  furtJier  enacted,  That  the  names  of  the  jurors  be 
put  on  record  with  the  judgment  and  the  name  of  the  lawyers 
of  each  party. 

Approved  October  10,  1848. 


AN  -ACT  summoned  Jurors   how  considered   guilty  of  mis- 
demeanor. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
if  any  person  is  summoned  or  sworn  as  a  juror  in  any  case 
shall  take  anything  to  give  his  verdict  for  or  against  any 
party  in  any  case  or  proceeding,  civil  or  criminal,  or  shall  re- 
ceive any  paper,  evidence,  or  information  from  any  one,  in 
relation  to  any  matter  or  cases  for  trial,  for  which  he  shall 
be  summoned,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  in  any  sum  not  exceeding 
fifty  dollars,  and  such  fine,  one-half  shall  go  to  the  district 
fund,  and  the  other  half  shall  be  equally  divided  between  the 


CHOCTAW   NATION.  99 

District  Attorney  and  the  light-horse  who  shall  be  at  the 
trouble  of  collecting  such  fine. 

And  be  it  further  enacted,  That  every  judge  or  other  persons, 
whose  duty  it  shall  be  to  select  or  summon  any  jurors  in  any 
court  or  before  any  officers  who  shall  be  guilty  of  any  unlaw- 
ful, partial,  or  improper  conduct  in  selecting  or  summoning 
any  jurors,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
fined  in  any  sum  not  exceeding  fifty  dollars,  and  such  fine 
shall  be  collected  by  the  light-horse  men,  and  one  half  go  to 
the  district  funds,  and  the  other  half  shall  be  divided  between 
the  district  attorney  and  the  light-horse,  who  shall  be  at 
the  trouble  of  collecting  such  fine. 

Approved  October  10,  1848. 


A&  ACT  relating  to  persons  dying  intestate  or  without  a  will. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  the  property  of  all  persons  who  die  intestate,  or  without 
a  will,  shall  descend  to  his  legal  wife,  or  husband,  and  their 
children. 

2.  And  be  it  further  enacted,  That  in  case  such  deceased  per- 
son has  neither  wife,  nor  husband,  nor  children,  his  or  her 
grandchildren  (if  any)  shall  inherit  the  estate. 

3.  Be  it  further  enacted,  That  in  case  there  is  no  grandchild, 
the   father  or  mother  of  such  deceased  person,  or  either  of 
them  shall  heir  the  estate. 

4.  Be  it  further  enacted,  that  in  case  such  deceased  person 
has  neither  wife,  nor  husband,  children,  or  grandchildren,  or 
father,  or  mother,  his  or  her  estate  shall  go  to  his  or  her 
brothers  and  sisters,  an$  if  none,  to  their  lawful  children. 

5.  Should  there  be  none  of  the  above  mentioned  relatives 
to  the  intestate  deceased  person,  the  estate  shall  descend  to 
the  half  brothers  and  sisters  of  the  deceased  person  and  to 
their  legal  issue. 

Approved  October  10, 1848. 


100  LAWS  OF  THE 

AN  ACT  providing  for  married  persons,  each  to  retain  the  • 
right  of  their  property. 

SEC.  9. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  when  a  man  and  woman  intermarry  with  each  other, 
each  one  shall  retain  the  right  of  the  property  that  he  or  she 
may  bring  into  the  marriage  union  at  the  time  they  are  joined 
together  in  the  bonds  of  matrimony,  and  neither  party  shall 
have  the  right  to  dispose  of  the  other's  property  without  the 
consent  of  the  other. 

And  be  it  further  enacted,  That  when  the  property  of  the 
wife  or  husband  is  disposed  of  by  either  party  without  the 
consent  of  the  other,  a  suit  may  be  instituted  in  the  courts 
of  this  nation,  and  the  property,  so  .disposed,  restored,  or 
the  value  thereof  recovered.- 

And  be  it  furtJier  enacted,  That  no  will  that  is  made  by  the 
husband  or  wife,  conveying  property  without  the  consent  of 
the  other,  shall  be  valid. 

And  be  it  further  enacted,  That  all  property  that  may  be  ac- 
cumulated by  the  joint  exertions  of  a  man  and  his  wife  after 
they  are  married,  shall  be  held  in  common,  and  subject  to  the 
disposal  of  the  husband  for  the  mutual  support  and  benefit 
of  the  family. 

And  be  itfurtJier  enacted,  That  no  "man's  nuncupative  or  ver- 
bal will  shall  be  valid  unless  the  same  be  witnessed  by  two 
or  more  disinterested  witnesses. 

Approved  Oct.  10,  1848. 


AN  ACT  authorizing  light-horse  men  to  have  the  right  to  call 
upon  any  citizen  foivaid. 

SEC.  13. — Be  it  enacted  by  the  General  Council  of  the  Clioc- 
taw  Nation  assembled,  That  the  light-horse  men  of  the  sev- 
eral districts  shall  have  the  right  to  call  upon  any  citizen  of 
this  Nation  to  aid  him  in  taking  a  criminal  charged  with 


CHOCTAW  NATION.  101 

high  crime  against  this  Nation,  or  destroying  any  whisky, 
and  such  person  who  refuse  to  aid  him  in  taking  such  crim- 
inal, or  destroying  any  whisky,  unless  for  some  lawful  ex- 
cuse, shall  be  subject  to  a  fine  not  exceeding  five  dollars. 
And  one  half  of  such  fine  shall  go  to  the  district  fund,  and 
the  other  half  shall  be  equally  divided  between  the  district 
attorney  and  the  light-horse  men. 


AN  ACT  setting  apart  the  sum  of  $555  56,  as  an  annual  ap- 
propriation for  neighborhood  schools. 

SEC.  16. — Be  it  enacted  l>y  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  $555  56,  be  set  apart  and 
annually  appropriated  for  the  support  of  neighborhood  and 
Sabbath  schools  in  Apuckshunnebbee  District,  and  that  the 
sum  of  $222  22  be  set  apart,  and  annually  appropriated  for 
the  support  of  neighborhood  and  Sabbath  schools  in  each  of 
the  other  two  districts — Moshulatubbee  and  and  Pushama- 
taha — the  sites  of  said  schools,  in  the  several  districts,  to  be 
selected,  and  the  funds  appropriated  under  the  direction  of 
such  trustees  as  may  be  appointed  by  the  chiefs  in  their  re- 
spective districts. 

Approved,  October,  1848. 


AN  ACT  guardian  to  sell  the  property  of  Orphans  by  order 

of  the  Court. 

SEC.  18. — Be  it  enacted  by  the  General  Council  of  the  Chodaiu 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  it  shall  be  lawful  for  any  person  who  may  be  appointed 
guardian  for  minor  children  to  get  an  order  from  court  to  sell 
any  real  estate  or  personal  property  for  the  benefit  of  such 
minors  either  in  or  out  of  this  Nation,  and  such  sales  shall  be 
good  and  binding  on  s*uch  minor  when  they  become  of  age. 

Approved,  October  12,  1848. 


102  LAWS   OF  THE 

AN  ACT  providing  for  an  arbitration. 

SEC.  20. — Be  it  enacted  by  the  General  Council  of  the  Glioctaw 
Nation  assembled,  That  when  an  arbitrator  or  arbitrators  are 
chosen  by  two  or  more  persons  to  decide  and  settle  any  mat- 
ters in  coatroversy,  it  will  be  necessary  for  each  person  in 
controversy  to  furnish  their  arbitrator  or  arbitrators,  all 
proofs,  facts,  and  statements,  or  any  evidence  they  may  pos- 
sess in  finding  the  case,  and  upon  impartial  trial  of  the  same 
by  the  arbitrators,  as  well  as  his  or  their  opinion  and  judg- 
ment rendered  on  the  matter  in  controversy,  shall  be  final 
and  binding  on  all  the  persons  concerned  in  choosing  an  ar- 
bitration as  if  it  were  done  in  any  court  of  justice.  But  in 
case  the  arbitrators  cannot  agree  in  forming  a  decision  on 
any  case  before  them  they  shall  have  the  right  of  choosing 
an  umpire  whose  decision  shall  be  final  and  conclusive. 

Be  it  further  enacted,  That  a  decision  is  rendered  by  an  ar- 
bitrator or  arbitrators  on  any  matter  in  controversy,  such 
decision  shall  be  recorded  in  the  nearest  court.  ' 


SESSION  XVI.— 1849. 
AN  ACT  public  examination  of  public  schools. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  ChoctaM 
Nation  assembled,  That  the  public  examinations  of  academies 
and  seminaries  shall  come  off  between  the  10th  and  16th 
July,  and  that  the  vacations  in  each  institution  shall  be  ex- 
tended to  the  first  Wednesday  in  October. 

Approved,  October,  1849. 


AN  ACT  requiring  the  witnesses  to  be  kept  separate. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  when  two  or  more  witnesses  shall  ap- 
pear before  any  court  of  justice  to  testify  to  any  case  pend- 


CHOCTATV   NATION.  103 

ing  before  the  court,  it  shall  be  the  duty  of  the  judge  to  order 
the  light-horse  men  to  keep  such  witnesses  separate  from 
each   other   at   court  until   their  whole   testimony  is  taken 
separately,  that  the  trial  may  be  fair  and  impartial. 
Approved,  October  9,  1849. 


AN  ACT  requiring  guardian  to  be  appointed  for  idiots. 

SEC  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaiu 
Nation  assembled,  That  when  any  person  is  proved  to  be  in  a 
state  of  derangement  of  mind  or  idiot,  and  possessed  with 
property,  there  shall  be  a  guardian  appointed  with  the  same 
power  and  instructions  as  specified  in  the  law  passed,  in  Ses- 
sion 14th,  in  the  year  1847,  regulating  the  effects  and  property 
of  orphan  minors. 

Approved,  October  9,  1849. 


AN  ACT  prohibiting  white  men   to  raise  any  stock  in  the 

Nation. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
no  white  man  wrho  has  not  married  a  native  of  this  Nation 
shall  ever  be  allowed  to  raise  any  stock  within  the  limits  of 
this  Nation. 

Approved,  October  10,  1849. 


AN  ACT  making  citizens  interfering  with  the  light-horse  in  the 
exercise  of  his  duties,  liable  to  be  fined. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  while  any  of  thg  light-horse  men  are 
engaged  in  the  act  of  destroying  spiritAysliquors  and  he 
they  be  prevented  by  any  person  or  p'er^jfcg  in  any  way 
ever  from  executing  his  duty,  such  pOTSc&i  or  persons,  so 
offending,  shall  be  liable  to  an  action  in  court'  and  be  made 


104  LAWS   OF   THE 

to  pay  a  fine  not  less  than  five  dollars  nor  exceeding  ten  dol- 
lars, and  one-half  of  such  fine,  so  imposed,  shall  go  to  the 
district  in  which  such  fine  may  be  imposed,  and  the  other 
half  shall  go  to  the  light-horse  men  who  were  prevented  from 
doing  their  duties. 
Approved,  October  10,  1849. 


AN  ACT  liberating  a  Creek  Indian  woman. 

SEC.  9. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Creek  Indian  women  who  is  now 
in  bondage,  and  in  the  possession  of  Archercartubbee,  is 
hereby  liberated,  and  that  she  be  allowed  citizenship  in  this 
Nation. 

Approved  October,  1849. 


AN  ACT  relating  to  the  owners  of  stray  property  proving 
their  property  within  twelve  months,  entitled  to  the  part 
deposited  in  the  district  funds. 

SEC.  10. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  that  all  stray  property  that  may  be  sold  agreeable  to  the 
act  passed,  October,  1843,  respecting  stray  property,  that  it 
stand  in  full  force,  with  the  exception  of  that  part  where  it 
says :  "  One-half  of  the  proceeds  arising  from  the  sales  of 
strays  shall  go  to  the  district  in  which  such  sale  may  take 
place,"  shall  be  so  amended  as  to  read  thus :  Should  the  owner 
or  owners  of  such  property  finding  it  within  twelve  months 
after  it  was  sold,  shall  have  the  right  to  the  amount  that  was 
Deposited  in  the  district  funds  arising  from  the  sales  of  such 
strays ;  Provided,  it  is  satisfactorily  proven  before  any  judge. 

Approved,  October  11,  1849. 


CHOCTAW  NATION.  105 

AN  ACT  directing  any  person  marrying  runaway  matches  to 

be  fined. 

SEC.  13. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  any  captain  or  minister  of  the  Gospel,  or  any  other 
person,  who  shall  marry  or  join  together  in  wedlock  any  run- 
away matches,  shall  be  fined  twenty-five  dollars  for  every  act 
they  violate  of  the  above  law,  and  all  such  marriages  shall 
not  be  considered  lawful,  and  all  fines  imposed  under  this 
law  shall  go  to  the  district  in  which  such  fine  may  be  im- 
posed. 

Approved  October  11,  1849. 


AN  ACT  declaring  punishment  for  polygamy. 

SEC.  14. — Be  it  enacted  by  the  General  Council,  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  any  person  or  persons  who  shall  be  convicted  of  the 
crime  of  polygamy,  or  of  living  with  each  other  in  adultery, 
shall  be  liable  to  indictment  before  any  court  in  this  Nation, 
and  fined,  not  exceeding  twenty-five  dollars,  nor  less  than  ten 
dollars  for  each  of  such  offences. 

And  be  it  further  enacted,  That  after  the  passage  of  this  act, 
all  person  or  persons  who  may  be  living  together  out  of 
wedlock,  shall  be  compelled  to  be  lawfully  joined  together,  or 
the  party  refusing  so  to  do,  shall  be  indicted  and  fined  not 
less  than  ten  dollars,  nor  exceeding  twenty-five  dollars  for 
every  such  offence. 

And  be  it  further  enacted,  That  the  informant  in  all  such 
offences  as  above  specified,  shall  be  entitled  to,  and  receive 
one-third  of  the  fines  that  may  be  so  collected,  and,  after 
deducting  the  fees  of  the  district  attorney,  the  remainder 
shall  become  district  funds. 

October  11,  1849. 


106  LAWS   OF  THE 

AN  ACT  compelling  white  man  living  with  an  Indian  woman  to 
marry  her  lawfully. 

SEC.  15. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  every  white  man  who  is  living  with 
Indian  woman  in  this  Nation  without  being  lawfully  married 
to  her,  shall  be  required  to  marry  her  lawfully,  or  be  com- 
pelled to  leave  the  Nation,  and  forever  stay  out  of  it. 

Be  it  further,  enacted,  That  no  white  man  who  is  under  a  bad 
character  will  be  allowed  to  be  united  to  an  Indian  woman  in 
marriage,  in  this  Nation,  under  any  circumstances  whatever. 

Approved,  October,  1849. 


AN  ACT  authorizing  pay  of  citizens  assisting  light-horse  in 
destroying  liquors. 


SEC.  16.  —  Be  it  enacted  by  tJie  General  Council  of  tJie^i  hoctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
any  person  or  persons  who  shall  assist  any  light-horse  men 
in  destroying  spirituous  liquors,  who  shall  act  upon  the  call 
for  assistance  by  any  light-horse  men,  shall  be  entitled  to, 
and  receive  one  dollar  for  every  service  he  may  render,  out 
of  any  fund  belonging  to  the  district  in  which  such  service 
may  be  performed. 

October  11,  1849. 


AN  ACT  conferring  citizenship  on  John  McGilbury. 

SEC.  17. — Be  it  enacted  by  the  General  Council  of  the  Cliodaw 
Nation  assembled,  That  John  McGilbury,  of  the  Creek  Nation, 
is  hereby  allowed  citizenship  in  this  Nation. 

Approved  October  11,  1849. 


AN  ACT  prescribing  punishment  for  gambling. 

SEC  19. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 


CHOCTAW  NATION.  107 

any  person  or  persons  who  shall  introduce  or  bring  playing- 
cards  into  this  Nation,  and  dispose  of  them  in  any  manner 
whatever,  shall  be  liable  to  an  action  in  court,  and  upon 
satisfactory  proof  being  made  thereof,  shall  be  compelled  to 
pay  a  fine  of  five  dollars  for  every  pack  of  cards  he  may 
dispose  of. 

And  be  if  further  enacted,  That  any  person  or  persons  who 
shall  be  engaged  in  gambling  in  any  particular  name,  suit, 
kind  or  species  of  any  game  with  cards,  and  when  money  or 
any  other  property  is  allured  or  indulged,  each  or  all,  and 
every  person  so  engaged  shall  also,  upon  proof,  be  compelled 
to  pay  a  fine  of  two  dollars  and  fifty  cents  for  every  pack  of 
cards  they  may  have  used  in  gambling. 

And  be  it  further  enacted,  That  any  person  or  persons  who 
shall  keep  or  let  a  house,  room,  table,  or  any  other  place 
where  gambling  with  cards  is  indulged,  such  person  or  per- 
sons shall  be  brought  to  trial  in  court,  and  upon  proof,  shall 
be  made  to  pay  a  fine  not  less  than  five  dollars  nor  exceed- 
ing fifty  dollars,  as  the  court  may  determine,  for  every  house, 
room,  table,  or  any  other  place  where  gambling  is  allowed 
with  cards. 

And  be  it  further  enacted,  That  all  fines  that  maybe  imposed 
under  the  preceding  acts  shall  be  subject  to  the  disposition 
and  use  of  district  in  which  such  fine  may  be  imposed. 

And  be  it  further  e?iacted,  That  any  person  or  persons  who 
shall  introduce,  practice,  or  be  engaged  in  dealing  or  shaking 
the  game  of  chuckaluck,  roulette,  faro,  the  wheel  of  fortune, 
shall  be  arraigned  before  any  court,  and  upon  satisfactory 
proof,  the  same  shall  be  bound  to  pay  a  fine  not  less  than 
twenty-five  dollars  nor  exceeding  one  hundred  dollars. 

And  be  it  further  enacted,  That  if  any  white  man  be  engaged 
in  gambling  in  this  Nation,  in  any  of  the  games  above  speci- 
fied, upon  complaint  being  made  to  the  agent  or  any  chiefs, 
shall  be  ordered  out  of  the  Nation  forthwith,  and  forever  to 
remain  out  of  it. 


108  LAWS  OF  THE 

And  l)e  it  further  enacted,  That  the  informer  against  persons 
engaged  in  any  of  the  above  specified  games,  shall  be  entitled 
to  one  half  of  the  fines  collected. 

Approved,  October  11, 1849. 


AN  ACT  requiring  the  Judges  not  put  off  a  trial  without  suf- 
ficient reason. 

SEC  20. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  unless  good  and  sufficient  reason  is 
shown  to  the  court,  no  Judge,  when  exercising  the  duties  of 
his  office,  shall  grant  any  person  in  suit  at  law  to  defer  or 
postpone  the  holding  of  court  to  another  time. 

And  be  it  further  enacted,  That  if  postponement  is  allowed, 
such  postponement  shall  not  extend  any  further  than  the 
sitting  of  the  next  court,  at  which  time  the  Judge  shall  pro- 
ceed to  business  with  such  facts  and  evidence  as  may  be  be- 
fore the  court. 

Approved,  October,  1849. 


SESSION  XVII.— 1850. 

AN  ACT  requiring  unmarked  cattle,  two  years  old  and  up- 
wards to  be  posted  as  other  strays. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  From  and  after  the  passage  of  this  act, 
that  all  unmarked  cattle  two  years  old  and  upwards  running 
with  the  cattle  of  any  person  in  their  range,  be  posted  as 
other  strays. 

Approved,  October  15, 1850. 


CHOCTAW   NATION.  109 

AN  ACT  empowering  the  Chiefs  to  offer  rewards  for  the  appre- 
hension of  outlawed  murderers. 

SEC.*  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Chiefs  of  the  several  districts  shall 
have  power  to  offer  rewards  for  the  apprehension  or  killing 
of  outlawed  murderers  and  other  criminals  who  may  escape 
beyond  the  reach  of  justice,  but  each  reward  shall  not  exceed 
fifty  dollars  for  each  outlaw,  which  reward  shall  be  paid  out 
of  the  national  funds. 

Approved,  October,  1859. 


AN  ACT  dividing  Pushamataha  District  into  counties,  assign- 
ing names  and  defining  boundaries  thereof. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Pushamataha  District  is  hereby  sub- 
divided and  laid  off  into  four  counties,  to  be  styled  and 
named  Kiamichi  County,  Tiger  Spring  County,  Jack's  Fork 
County,  and  Shappaway  County,  to  be  bounded  as  follows, 
viz. :  The  Kiamichi  County  line  shall  commence  at  the  mouth 
of  Kiamichi  stream;  thence  up  said  stream  to  the  ridge 
dividing  its  waters  from  Caney  or  Arch  McGee's  creek ; 
thence  southwesterly  along  said  ridge  to  the  said  Caney 
creek  ;  thence  down  the  same  to  the  Muddy  fork  of  Boggy ; 
thence  down  said  stream  to  where  the  road  leading  from 
Fort  Smith  to  Beal's  Ferry  crosses  Boggy ;  thence  along 
said  road  to  Beal's  Ferry  on  Red  River ;  thence  down  said 
River  to  the  beginning. 

The  Tiger  Spring  County  line  shall  commence  on  Red 
River  where  the  Chickasaw  District  boundary  line  strikes  the 
same ;  thence  down  said  river  to  Beal's  Ferry  where  the 
Kiamichi  county  strikes  the  same  ;  thence  northeasterly  along 
said  county  line  to  the  mouth  of  Caney  or  Arch  McGee's 
creek;  thence  up  the  main  channel  of  the  Muddy  fork  of 


110  LAWS  OF   THE 

Boggy  to  where  the  road  leading  from  Fort  Smith  to  Fort 
Washita  crosses  the  same  ;  thence  along  said  road  to  where 
the  Chickasaw  District  line  crosses  the  same  ;  thence. along 
said  district  line  to  the  beginning. 

3.  The   Jack's  Fork   county  line  shall  commence  on  the 
Muddy  Fork   of    Boggy,  at  the   mouth   of  Caney  or  Arch 
McGee's  Creek  ;  thence  up  said  creek  along  the  Kiamachi 
county  line  to  the  source  of  ten  mile  creek  ;  thence  down  said 
creek  to  Kiamachi  stream ;  thence  north  and  west  along  the 
Pushamataha  district  boundary  to  where  the  same  crosses  the 
road  leading  from  Fort  Smith  to  Fort  Washita ;  thence  along 
the  said  road  to  the  Muddy  Fork  or  Middle  Fork  of  Boggy; 
thence  down  the  said  stream  to  the  beginning. 

4.  The  Shappaway  county  line  shall   commence   on   the 
Chickasaw  district  boundary,  where  the  road  leading  from 
Fort  Washita  to  Fort  Smith,  crosses  the  same ;  thence  along 
said  road  passing  through  Boggy  Depot  to  where  it  crosses 
the  Chickasaw  district  boundary  near   Brashear's ;   thence 
west  and  south  along  said  district  boundary  to  the  begin- 
ning. 

Approved,  October  15,  1850. 


AN  ACT  dividing  Moshalatubbee  District  into  counties,  as- 
signing names  and  defining  boundaries  thereof. 

SEC.  5. — Be  it  enacted  ly  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  Moshalatubbee  District  is  hereby  laid 
off  into  four  different  counties,  viz :  Skullyville,  Sugar  Loaf, 
£;ans  Bois,  and  Gaines.  That  Skullyville  county  be  bounded 
as  follows :  Beginning  where  the  state  line  of  Arkansas 
crosses  the  Arkansas  Kiver  above  Fort  Smith ;  thence  up 
said  river  to  the  mouth  of  Cashier  ;  thence  up  said  Cashier  to 
its  source  ;  thence  due  straight  line  to  the  road  leading  from 
Fort  Smith  to  Fort  Washita  crosses  the  Narrows ;  thence 
eastwardly  along  on  the  Cavernoh  Mountain  and  strike  the 


CHOCTAW   NATION.  Ill 

Poteau,  about  one  mile  above  Kowi  Humma's  place ;  thence 
down  the  channel  of  the  Poteau  to  the  mouth  of  Lick  Creek  ; 
thence  up  said  creek  to  western  line  of  Arkansas  state 
thence  due  north  along  on  the  said  line  to  the  beginning. 

"The  Sugar  Loaf  county  be  bounded  as  follows,  viz  :  Com- 
mence where  Skullyville  County  strikes  the  western  line  of 
Arkansas  State ;  thence  due  south  along  said  line  to  the  top 
of  dividing  ridge  which  separates  Apuckshunnubbee  and 
Mosholatubbee  Districts ;  thence  west  along  said  ridge  to 
the  source  of  Gaines  Creek ;  thence  due  north  to  the  head- 
waters of  Bayouzeal  about  four  or  five  miles  above  the  Nar- 
rows ;  thence  down  said  Bayouzeal  to  where  the  boundary 
line  of  Skullyville  County  crosses  the  Narrows. 

The  Sans  Bois  county,  be  bounded  as  follows,  viz :  Com- 
mence at  the  mouth  of  Cashier  ;  thence  up  Arkansas  river  to 
the  mouth  of  Canadian ;  thence  up  said  Canadian  river  to 
the  mouth  of  Longtown  creek ;  thence  up  said  creek  to  its 
source ;  thence  due  south  to  the  head  waters  of  Sans  Bois ; 
thence  eastwardly  to  the  source  of  Bayouzeal ;  thence  down 
said  Bayouzeal  to  where  Sugar  Loaf  county  strikes  the  same. 

The  Gaines  county  to  commence  at  the  Longtown  creek ; 
thence  up  Canadian  river  to 'the  mouth  of  Gaines  creek; 
thence  up  said  creek  to  the  mouth  of  Brushy ;  thence  up  said 
Brushy  to  dividing  ridge  which  separates  Moshulatubbee  and 
Apuckshunnubbee  districts ;  thence  eastwardly  along  said  di- 
viding ridge  to  the  boundary  line  of  Sugar  Loaf  county. 

Approved  Oct.  16,  1850. 


AN  ACT  dividing  Apuckshunnubbee  District  into    counties, 
assigning  names  and  defining  boundaries  thereof. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Clioctaio 
Nation  assembled,  That  Apuckshunnubbee  district  shah1  be 
divided  into  seven  counties,  viz. :  Wade,  Nashoba,  Eagle, 
Ked  River,  Towson,  Cedar  and  Boktuklo  counties.  "Wade 
county  shall  be  bounded  as  follows;  To  begin  on  the  top 


112  LAWS   OF   THE 

of  the  dividing  ridge  where  the  boundary  of  Moshnlatubbee 
district  strikes  the  boundary  line  of  the  State  of  Arkansas  ; 
thence  along  the  top  of  the  dividing  ridge  westwardly  to 
where  the  road  leading  from  Horse  Prairie  to  Fort  Smith 
crosses  the  same ;  thence  along  said  road  to  Jack's  Fork ; 
thence  down  Jack's  Fork  to  its  junction ;  thence  on  a 
straight  line  in  a  southeast  direction  till  it  strikes  the  brow 
of  the  Kiamichi  mountain  ;  thence  along  the  brow  of  said 
mountain  eastwardly  till  it  strikes  the  boundary  of  the  State 
of  Arkansas ;  thence  along  said  boundary  northwardly  to  the 
beginning. 

2.  Nashoba  county  shall  be  bounded  on  the  north  by  Wade 
county,  to  a  point  opposite  the  source  of  Little  river  ;  thence 
on  a  straight  line  to  said  source  ;  thence  down  Little  river  to 
where  an  old  hurricane  crosses  said  river  about  a  mile  and  a 
half  above   Silas   Garland's ;    thence   along  said  hurricane 
eastwardly  to  its  termination  ;  thence  on  a  line  eastwardly 
to  where  it  may  strike  the  boundary  line  of  the  state  of  Ar- 
kansas, five  miles  north  of  Widow  Solimon's  ;  thence  along 
said  boundary  line  northwardly  to  the  beginning. 

3.  Eagle  County  shall  be  bounded  on  the  north  by  Nashoba 
county,  to  a  point  where  Boktuklo  county  strikes  Nashoba 
county  ;  thence  down  Yasho  Bok,  to  where  it  empties  into 
Little  river  ;  thence  down  the  said  river  to  where  it  crosses 
the  Arkansas  boundary  line  ;    thence  along  said  line  till  it 
strikes  Nashoba  county  line ;  thence  along  said  line  to  the 
beginning. 

4.  Boktuklo  County  shall  be  bounded  on  the  north  by  Na- 
shoba county  to  the  point  where  it   strikes   Little   river; 
thence  down  said  river  to  the  mouth  of  Yasho  Bok ;  thence 
up  Yasho  Bok  till  it  strikes  the  line  boundary  of  Nashoba 
county ;  thence  along  said  line  to  the  beginning. 

5.  Ked   Eiver   county   shall  be   bounded   as  follows,   to 
wit :     Beginning    where    the    boundary  line    of    Arkansas 
State   crosses   Little  river;  thence  up  said  river   to  Adam 
Leflore's  Ferry ;  thence  south,  leaving  said  Leflore's  house 


CHOCTAW   NATION".  113 

in  Towson  county ;  thence  on  a  direct  line  to  Scott's  old 
place  on  Water-hole  creek ;  thence  down  said  creek  to 
where  a  new  road  crosses  the  same  below  Zadoc  Harrison's 
residence ;  thence  down  the  new  road  till  it  strikes  Red 
river  ;  thence  down  the  said  river  to  where  Arkansas  line 
crosses  Red  river ;  thence  along  th'e  said  line  to  the  begin- 
ning. 

6.  Towson  County  shall  be  bounded  as  follows,  viz. :    Be- 
ginning at  Adam  Leflore's  Ferry ;  thence  up  Little  river  till 
it  strikes  the  Seven  Brothers ;  thence  down  the  said  Seven 
Brothers  till  it  strikes  Kiamichi ;  thence  down  Kiamichi  to  its 
mouth  ;  thence  down  Red  River  to  where  Red  River  County 
line  strikes  Red  river ;  thence  up  said  line  till  it  strikes  the 
Water-hole  creek  ;   thence   up   the   said  line  to  the  begin- 
ning. 

7.  Cedar  County  shall  be  bounded  on  the  north  by  Wade 
county  ;  on  the  west,  by  Kiamichi ;  on  the  south,  by  Tow- 
son  county  ;  on  the  east,  by  Nashoba  county. 

Approved  October  16,  1850. 


AN  ACT  prescribing  the  proceedings  in  County  Courts. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  every  county  judge  shall  have  power 
to  hear,  try  and  determine  all  actions  in  this  act  enumerated, 
according  to  law  and  equity. 

SEC.  13. — The  judge  of  the  county  court,  without  the  con- 
sent of  either  party  to  a  suit,  may,  if  necessary,  adjourn  the 
cause,  not  exceeding  thirty  days. 

SEC.  14. — The  judges  of  the  county  court,  on  the  applica- 
tion of  either  party,  on  good  cause  shown,  may  adjourn  a 
cause  not  exceeding  thirty  days  for  any  one  adjournment,  and 
may  adjourn  for  a  longer  period  with  the  consent  of  both 
parties. 

SEC.  15. — No  adjournment  shall  be  allowed  upon  the  ap- 
plication of  a  party,  unless  such  party  satisfy  the  Judge  by 
8 


114  LAWS   OF  THE 

his  own  affidavit,  or  the  affidavit  of  some  other  person,  that 
he  cannot  safely  proceed  to  trial  for  want  of  some  material 
testimony  or  witness  ;  that  he  has  used  due  diligence  to  ob- 
tain the  same,  and  that  if  an  adjournment  be  allowed,  he  will 
be  able  to  procure  such  testimony  or  witness  in  time  to  be 
used  on  the  trial. 

SEC.  16. — A  subpoana  by  a  county  judge  shall  be  valid  to 
compel  the  attendance  of  a  witness  before  such  judge  in  the 
same  county  where  the  cause  is  to  be  tried,  or  being  in  an 
adjoining  county. 

SEC.  17. — Whenever  it  shall  appear  to  the  satisfaction  of  a 
Judge  by  proof  made  before  him  that  any  person  duly  sub- 
poenaed to  appear  before  him  in  a  suit,  shall  have  failed,  with- 
out just  cause,  to  attend  as  a  witness  in  conformity  to  such 
subpoana,  and  the  party  in  whose  behalf  subpoena  was  issued 
or  his  agent,  shall  make  oath  that  the  testimony  of  such  wit- 
ness is  material,  the  Judge  shall  have  power  to  issue  a  writ 
of  attachment  to  compel  the  attendance  of  such  witness. 

SEC.  18. — Every  person  duly  subpoenaed  as  a  witness  who 
shall  not  appear,  shall  forfeit  and  pay  a  fine  for  the  use  of 
the  county  in  which  he  is  subpoenaed  to  appear,  unless  some 
reasonable  excuse  shall  be  shown  on  the  oath  of  such  wit- 
ness or  the  oath  of  some  other  person — such  fine  not  ex- 
ceeding ten  dollars,  as  the  Judge  shall  think  reasonable  to 
impose ;  and  the  Judge  shall  make  an  entry  in  his  docket 
of  the  conviction  and  of  the  cause  thereof. 

SEC.  19. — Either  party  to  a  civil  suit  depending  before  a 
county  judge  upon  notice  to  the  other  party,  may  cause  the 
deposition  of  every  witness  therein  to  be  taken  by  any  Judge 
of  this  Nation. 

SEC.  20. — No  such  deposition  shall  be  taken  unless  notice 
in  writing  of  the  time  and  place  of  taking  the  same,  shall  have 
been  previously  served  on  the  other  party  at  least  three  days 
before  the  taking  thereof. 


CHOCTAW  NATION.  115 

SEC.  21. — Any  person  aggrieved  by  the  judgment  rendered 
by  a  county  judge,  and  except  a  judgment  of  non-suit,  may, 
in  person  or  by  his  agent,  make  his  appeal  therefrom  to  the 
district  circuit  court  of  the  same  district  where  the  judgment 
was  rendered. 

SEC.  22. — No  appeal  shall  be  allowed,  unless  the  following 
requisites  be  complied  with  :  first,  the  applicant  or  some  per- 
son for  him,  shall  make  and  file  with  the  Judge  an  affidavit 
within  ten  days  after  the  judgment  was  rendered,  setting 
forth  that  the  appeal  is  not  taken  for  the  purpose  of  delay, 
but  that  justice  may  be  done  him  ;  second,  the  affidavit  must 
also  set  forth  specially,  what  part  of  the  judgment  or  decree 
of  the  court  he  may  take  exceptions  to,  when  all  of  which  is 
complied  with,  the  Judge  may  grant  such  applicant  an  ap- 
peal, which  shall  be  delivered  to  the  clerk  of  the  circuit  court 
at  least  ten  days  before  the  first  day  of  the  term  of  the  cir- 
cuit court,  and  enter  on  the  docket  for  trial  before  the  circuit 
court. 


AN  ACT  declaring  punishment  for  murdering  a  murderer  in 

custody. 

SEC.  21. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  assembled,  That  from  and  after  the  passage  of  this 
act,  that  if  any  person  or  persons  shall  in  any  way  murder  or 
put  to  death  a  murderer  or  other  person  who  may  be  in  cus- 
tody at  the  time,  such  offenders  shall  be  deemed  guilty  of 
murder  and  be  proceeded  against  as  such ;  if  convicted,  shall 
suffer  death,  as  provided  by  law  in  such  cases. 

Approved,  October  17,  1850. 


AN  ACT  authorizing  the  Judges  and  preachers  of  the  Gospel 
to  solemnize  the  rites  of  matrimony. 

SEC.  28. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


116  LAWS  OF  THE 

Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
it  shall  be  lawful  for  all  the  Judges  of  this  Nation  and 
preachers  of  the  Gospel  to  solemnize  the  rites  of  matrimony 
and  issue  certificates  thereof,  if  required,  and  be  allowed  and 
receive  for  every  such  service  two  dollars,  to  be  paid  by  the 
parties  so  joined  together. 

And  be  it  further  enacted,  That  the  law  passed  in  Session 
5th,  Section  3d,  so  far  as  relates  to  the  fees,  be  and  is  hereby 
repealed. 

Approved  Oct.  17, 1850. 


AN  ACT  providing  at  what  age  marriage  may  be  contracted. 

SEC.  29. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  that  every  male  who  shall  have  arrived  at  the  full  age  of 
eighteen  years,  and  every  female  who  shall  have  arrived  at 
the  full  age  of  sixteen  years,  shall  be  capable  in  law  of  con- 
tracting marriage.  But  if  under  these  ages  their  marriage 
shall  be  void,  unless  free  consent  by  the  parents  and  rela- ' 
tions  or  guardian  have  been  first  obtained. 

Be  it  further  enacted,  That  whoever  shall  contract  marriage 
in  fact,  contrary  to  the  prohibition  of  the  preceding  section 
of  this  act ;  and  whoever  shall  knowingly  solemnize  the  same, 
shall  be  deemed  guilty  of  high  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  fined  or  imprisoned  at  the  discretion  of 
the  court. 

Approved,  October,  1850. 


CHOCTAW  NATION.  117 

ACTS  AND   KESOLUTIONS 

PASSED  AT 

SESSION  XIX.— 1852. 

AN  ACT  appropriating  unclaimed  Orphan  Fund. 

Whereas,  There  is  a  balance  of  the  funds  arising  from  the 
sale  of  orphan  lands  provided  for  under  the  19th  Article  of 
the  Treaty  of  Dancing  Babbit  Creek,  in  1830,  now  in  the 
hands  of  Mr.  William  "Wilson,  Agent  to  the  Choctaws,  be- 
longing to  claimants  or  their  representatives  who  cannot  be 
identified.  And  wJiereas,  it  is  necessary  that  some  disposition 
should  be  made  of  said  balance.  Therefore, 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  the  residue  or  balance  of  the  proceeds 
of  orphan  lands  above  referred  to,  be  and  is  hereby  appro- 
priated to  pay  the  neighborhood  school  teachers  in  the  sev- 
eral districts  of  this  Nation. 

2.  Be  it  further  enacted,  That  the  Chiefs  are   hereby  re- 
quested to  inform  Mr.  William  Wilson,  United  States  Agent, 
of  the  passage  of  this  act,  and  to  request  him  to  pay  the  said 
funds  over  to  the  Trustees  of  public  schools,  to  be  applied  in 
the  manner  specified  in  the  preceding  section. 

3.  Be  it  further  enacted,  That  the  Trustees  shall  render  a 
strict  account  of  the  funds  thus  placed  in  their  hands  annu- 
ally to  the  General  Council. 

4.  Be  it  further  enacted,  That  should  any  orphans  be  identi- 
fied as  proper  claimants  or  representatives,  according  to  the 
register  furnished  by  the  Department  at  Washington,  all  such 
claims  shall  be  refunded  by  the  General  Council. 

5.  And  be  it  further  enacted,  That  the  above  appropriation 
for  the  pay  of  neighborhood  schools  shall  be  divided  among 
the  three  districts  according  to  their  population. 

Approved  November  8, 1852. 


118  LAWS  OF  THE 

AN  ACT  ratifying  an  Act  of  Congress  of  the  United  States, 
.   appropriating  money  to  pay  claimants  under  14th  Article 
of  the  Treaty  of  1830. 

SEC.  5. —  WJiereas,  by  an  Act  of  Congress,  entitled,  "  An  Act 
to  supply  deficiencies  in  the  appropriations  for  the  services 
of  the  fiscal  year,  ending  the  thirtieth  of  June,  one  thousand 
eight  hundred  and  fifty-two,"  It  is  provided,  that  after  the 
thirtieth  of  June,  one  thousand  eight  hundred  and  fifty-two, 
all  payments  of  interests  on  the  amounts  awarded  Choctaw 
claimants  under  the  Fourteenth  Article  of  the  Treaty  of 
Dancing  Rabbit  Creek,  for  lands  on  which  they  resided,  but 
which  it  is  impossible  to  give  them,  shall  cease :  and  that 
the  Secretary  of  the  Interior  be  directed  to  pay  said  claim- 
ants the  amounts  of  the  principal  awarded  in  each  case 
respectively,  and  that  the  amount  necessary  for  this  purpose 
be  appropriated,  not  exceeding  eight  hundred  and  seventy- 
two  thousand  dollars ;  and  that  the  final  payment  and  satis-- 
faction  of  awards  shall  be  first  ratified  and  approved  as  a 
final  release  of  all  claims  of  such  parties,  under  the  Four- 
teenth Article  of  said  Treaty,  by  the  proper  national  authori- 
ties of  the  'Choctaws,  in  such  form  as  shall  be  prescribed  by 
the  Secretary  of  the  Interior.  Now,  be  it  known,  that  the  said 
General  Council  of  the  Choctaw  Nation,  do  hereby  ratify  and 
approve  the  final  payment  and  satisfaction  of  awards  agree- 
ably to  the  provisions  of  the  act  aforesaid,  as  a  final  release 
of  all  claims  of  such  parties  under  the  Fourteenth  Article  of 
said  Treaty. 

Approved  November  10, 1852. 


AN  ACT  changing  the  place  of  holding  Circuit  Court  in  the 
Moshulatubbee  District. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation  assembled,  That  the  place  of  holding  the  Circuit  Court 


'  CHOCTAW   NATION.  119 

in  Mosliulatubbee  District  shall  be  located  at  Skullyville,  near 
the  Choctaw  agency.     And  be  it  further  enacted,  that  the  act 
passed,   Sec.   23,    Sesssioff   18,    locating   the   Circuit   Court* 
ground  at  Good-land,  is  hereby  repealed. 
Approved  November  10,  1852. 


AN  ACT  appropriating  residue  of  funds  arising  under  the 
Twentieth  Article  of  Treaty  of  1830  for  educational  pur- 
poses. 

SEC.  9. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  residue  of  funds  granted  under  the 
Twentieth  Article  of  the  Treaty  of  Dancing  Babbit  Creek, 
1830,  for  the  education  of  forty  Choctaw  youths,  which  has 
been  loaned  to  the  United  States,  and  which  yields  an  annual 
interest,  be,  and  the  same  is  hereby  appropriated  for  the  sup- 
port of  neighborhood  schools  in  the  three  districts  of  this 
Nation.  Provided,  however,  that  the  students  who  have  been 
selected  by  the  Board  of  Trustees,  and  who  are  now  at  col- 
lege, shall  remain  and  be  supported  until  they  shall  have 
completed  their  education. 

2.  Be  it  further  enacted,  That  when  those  Choctaw  students 
already  selected  and  are  at  college  shall  have  finished  their 
education,  the  whole  amount  of  interest  shall  be  remitted 
from  time  to  time  as  it  is  appropriated  by  Congress,  to  be 
applied  for  the  pay  of  neighborhood  schools  and  teachers ; 
and  the  said  amount  of  interest  shall  be  divided  among  the 
three  districts  according  to  their  population. 

3.  Be  it  further  enacted,  That  the  Chiefs  are  hereby  authori- 
zed to  communicate  the  passage  of  this  act  to  Mr.  William 
TVilson,  United  States  agent,  acd  request  him  to  call  upon 
the   Commissioner   of  Indian  Affairs,  to   remit  to  him  the 
amount  of  funds  on  hand,  and  when  received  to  be  paid  over 
by  him  to  the  Trustees  of  Public  Schools. 

4.  Be  it  further  enacted,  The  Trustees  of   Public   Schools 


120  LAWS  OF  THE 

shall  have  the  power  in  their  respective  districts  to  locate  the 
schools,  employ  teachers,  fix  their  salaries  and  pay  them,  and 
*  remove  the  same  when  found  unsuitable  or  incompetent  at 
their  discretion,  and  appoint  trustees  for  the  neighborhood 
schools,  who  shall  act  under  their  instruction. 

5y  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Trustees  to  report  the  expenditures,  state,  condition  and 
prospect  of  each  school  annually,  to  the  General  Council. 

6.  Be  it  further  enacted,  That  each  district  shall  be  fur- 
nished with   a   blank  book  for  the  purpose   of   recording 
school  reports. 

7.  Be  it  further  enacted,  That  the  Trustees  of  Public  Schools 
shall  each  have  an  additional  salary  of  fifty  dollars  annually 
out  of  school  funds. 

8.  Be  it  further  enacted,  That   an  act  passed  regulating 
neighborhood  schools,  in  Section  1,  Session  16,  is  hereby 
made  null  and  void. 

9.  Be  it  further  enacted,  That  all  the  schools  and   school 
funds  that  are  in  the  hands  of  school  managers,  as  specified 
in  Section  1,  Session  16,  are  hereby  transferred  to  the  Board 
of  Trustees  of  Public  Schools. 

10.  And  be  it  further  enacted,  That  Section  5,  of  the  Session 
14,  is  hereby  made  null  and  void. 

Approved  November,  11,  1852. 


Resolutions  complimentary  to  Superintendents  and  teachers 
of  Public  Schools. 

SEC.  11. — Resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  thanks  of  the  Council  be  tendered 
to  the  Superintendents  and  Teachers  of  Public  Schools  of 
this  Nation  for  their  long  and  faithful  services,  their  long 
attachment  to  our  people,  their  interest  in  our  welfare,  and 
their  devotion  to  the  cause  in  which  they  are  engaged. 

Be  it  further  resolved,  That  the  chiefs  of  the  several  dis- 


CHOCTAW   NATION.  121 

tricts  be  requested  to  send  a  copy  of  the  above  resolution  to 
each  of  the  Superintendents  of  Public  Schools. 
Approved  November  12, 1852. 


Resolutions  respecting  arrearages  due  by  the  United  States 
under  various  treaties. 

SEC.  12. —  Whereas,  during  the  recess  of  the  General  Coun- 
cil, information  reached  the  District  Chiefs  that  a  large 
amount  of  money  was  due  the  Choctaws  from  the  United 
States  Government  from  arrearages  of  annuities  payable 
under  various  Treaties.  And  whereas,  The  Chiefs  authorized 
Thompson  McKinney  and  Forbis  Leflore  to  take  such  steps 
as  might  be  necessary  and  proper  for  the  recovery  of  such 
arrearages,  and  agreed  with  them  that  one-tenth  of  all  that 
might  be  recovered  should  be  allowed  for  the  purpose  for 
paying  any  expenses  that  might  be  incurred  in  effecting  such 
recovery.  And  tvhereas,  steps  were  taken  by  said  McKin- 
ney and  Leflore  during  their  recent  visit  at  "Washington 
in  prosecuting  said  claims  by  virtue  of  the  authority  given 
them  by  said  Chiefs ;  now,  in  order  to  secure  more  effectually 
the  payment  of  said  arrearages, 

Resolved  by  tJie  General  Council  of  the  Choctaiv  Nation  assem- 
bled, That  the  authority  given  by  the  District  Chiefs  to 
Messrs  McKinney  and  Leflore  to  make  arrangements  for  the 
recovery  of  arrearages  of  annuities  due  the  Choctaws  under 
various  Treaties,  together  with  the  allowances  agreed  to  be 
made  them  for  compensation,  be,  and  the  same  are  hereby 
approved  and  confirmed. 

Resolved  further,  That  in  case  McKinney  and  Leflore 
should  fail  to  effect  the  payment  of  arrearages  of  annuities, 
under  various  treaties,  they  shall  not  be  allowed  any  pay  for 
their  services. 

Approved  November  12,  1852. 


122  LAWS  OF  THE 

AN  ACT  respecting  blind,  cripple,  idiotic  and  insane  persons. 

SEC.  22. — Be  it  enacted  by  the  General  Council  of  the  Clwdaw 
Nation  assembled,  That  the  several  county  judges  in  each  dis- 
trict shall  furnish  the  district  clerks  with  the  names  of  all 
blind,  cripple,  idiotic  and  insane  persons,  who  have  not  the 
means  of  support,  and  certify  to  the  correctness  of  the 
same. 

2.  And  be  it  further  enacted,  That  the  district  clerks  shall 
report  the  same  to  the  Council. 

Approved  November  13, 1852. 


AN  ACT  providing  for  the  pay  of  judges  called  to  sit  tem- 
porarily, and  appropriating  a  sum  of  like  services  for- 
merly rendered. 

SEC.  29. — Be  it  enacted  by  tJie  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  each  temporary  judge,  who  may  be  called  to  sit  on  the 
trial  of  any  cause,  either  in  the  Circuit  or  Supreme  National 
Court,  shall  receive  two  dollars  and  fifty  cents  per  day. 

3.  And  be  it  further  enacted,  That  for  the  payment  of  tem- 
porary judges  who  have  served  on  former  occasions,  the  sum 
of  thirty  dollars  be,  and  is  hereby  appropriated  out  of  the 
district  funds. 

Approved  November  13,  1852. 


ACTS   AND    RESOLUTIONS 

PASSED  AT 

SESSION  XX.— 1853. 
AN  ACT  repealing  a  certain  act  heretofore  passed. 

SEC.  2. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  law  passed  in  November  8,  1851, 


CHOCTAW  NATION.  123 

in  Session  VIIL,  Section  18,  bo  and  the  same  is  hereby  re- 
pealed. 
Approved  November  5,  1853. 


AN  ACT  changing  places  of  holding  county  court  in  Gaines 

County. 

SEC.  3. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  county  court  ground  of  Gaines 
county,  Moshulatubbee  district,  be  held  at  Boiling  Water, 
near  Capt.  Washington's,  of  said  county. 

2.  And  be  it  further  enacted,  That  the  Act  of  Session  XVIII., 
Section  21,  be  and  the  same  is  hereby  repealed. 

Approved  November  7,  1853. 


AN  ACT  respecting  licenses  of  attorneys-at-law. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  any  person  who  may  hereafter  apply 
for  admission  to  practice  as  an  attorney-at-law,  may  undergo 
an  examination  before  any  one  of  the  judges  of  the  Supreme 
Court,  within  or  out  of  term-time ;  and  if  such  persons  ap- 
plying, be  found  to  possess  a  competent  share  of  law  know- 
ledge, and  be  of  good  character,  such  judge  shall  grant  him 
a  license  under  his  hand  and  seal,  to  practice  as  an  attorney- 
at-law  in  all  the  courts  of  law  in  this  Nation. 

2.  Be  it  further  enacted,  That  the  attorney-at-law  who 
shall  be  permitted  to  practice  law  in  this  Nation,  will  pay  for 
the  license  granted  ten  dollars,  and  that  the  funds  shall  be 
applied  for  district  purposes  in  which  he  shall  reside. 

Approved  November  8,  1853. 


RESOLUTIONS  creating  a  delegation  to   settle  all  unsettled 
business  with  the  Government  of  the  United  States. 

SEC.'  9. —  Whereas,  The  Choctaws  were  and  ever  have  been 


124:  LAWS  OF  THE 

dissatisfied  with  the  manner  in  which  the  treaty  of  Dancing 
Babbit  Creek  was  made,  owing  to  the  many  circumstances 
which  were  created  to  force  them  into  it,  and  owing  to  the 
exceeding  small  and  inadequate  amount  which  was  given  as 
payment  for  their  country ;  and  whereas,  a  large  number  of 
claims  on  the  United  States,  arising  under  the  14th  and  19th 
and  other  articles  of  the  treaty  of  1830,  are  still  remaining 
unpaid ;  and  whereas,  information  has  reached  the  Council 
that  the  demands  of  a  portion  of  certain  claimants  have  be- 
come prejudiced  by  the  unauthorized  interference  of  white 
men  at  Washington,  who,  without  the  knowledge  or  consent 
of  the  claimants,  pretend  to  be  their  attorneys  ;  and  whereas, 
the  claimants  have,  repeatedly,  from  time  to  time,  called  on 
the  Council  to  assist  them  in  procuring  what  is  justly  due 
them  from  the  United  States ;  and  whereas,  in  the  opinion  of 
the  Council  a  speedy  and  final  settlement  should  be  made 
with  the  United  States  of  the  foregoing  specification.  There- 
fore, 

Resolved,  That  P.  P.  Pitchlynn,  Israel  Folsom,  Dixon  W. 
Lewis  a*ad  Samuel  Garland,  be  and  are  hereby  appointed 
delegates,  and  fully  empowered  to  represent  and  to  institute, 
in  behalf  of  the  Choctaw  people,  a  claim  upon  the  United 
States,  for  the  pay  and  remuneration  the  country  which  they 
ceded  to  the  United  States  Government,  east  of  the  Missis- 
sippi river,  and  protect  and  defend  all  and  every  right  and 
interest  of  the  Choctaws,  arising  under  treaty  stipulations  or 
otherwise. 

Be  it  further  resdved,  That  the  said  delegates  are  hereby 
clothed  with  full  power  to  settle  and  dispose  of  by  treaty,  or 
otherwise,  all  and  every  claim  and  interest  of  the  Choctaw 
people  against  the  Government  of  the  United  States,  and  to 
adjust  and  bring  to  a  final  close  all  unsettled  business  of  the 
Choctaw  people  with  the  said  Government  of  the  United 
States. 

Be  it  furtlter  resolved,  That  in  case  of  resignation  or  death 
of  any  of  the  said  delegation  above  mentioned,  the  chiefs 


CHOCTAW  NATION.  125 

have  the  power  to  appoint  any  person  to  fill  such  vacancy  in 
his  district. 

Be  it  further  resdved,  That  the  chiefs  be  required  to  inform 
the  Government  at  Washington,  through  the  proper  channel, 
of  the  appointment  of  said  delegation  of  the  Nation,  of  their 
powers  and  of  the  fact  that  no  other  person,  whatsoever,  is 
authorized  to  act  for  or  represent  Choctaw  claimants  at 
Washington. 

Be  it  further  resdved,  That  the  agent  for  the  Goverment  be 
requested  to  accompany  said  delegation  and  to  aid  them  with 
his  counsel  and  official  influence  in  effecting  the  object  of 
their  visit. 

Approved  November  9, 1853. 


AN  ACT  naturalizing  certain  persons  therein  named. 

SEC.  11. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  William  Morrison,  Thomas  Morrison , 
Sarah  Jane  Morrison,  Molly  Bedhead,  Betsey  Heart,  Bebec- 
ca  Heart,  Philip  Keggo,  and  infant  child  of  Philip  Keggo, 
Bosey  Ayres,  Betsey  Ayres,  Julian  Ayres,  Mary  Ayres,  So- 
ponia  Ayres  and  Sally  Ayres ;  and  they  are  hereby  declared 
naturalized  citizens  of  the  Choctaw  nation,  invested  with  all 
the  rights,  privileges  and  immunities  of  naturalized  citizens 
of  the  same. 

Approved.  November  9, 1853. 


AN  ACT  making  penal  ball  play  and  horse  racing  on  Sundays. 

SEC.  12. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  (Assembled,  That  from  and  after  the  passage  of  this 
act,  any  person  or  persons  making  up  ball  plays  or  racing 
horses  for  bets  or  amusements  on  Sunday,  shall  be  indicted 
before  any  County  Court  in  this  Nation,  and  shall  be  fined 
ten  dollars  ;  and  fines  thus  imposed  under  this  law,  shall  go 
to  the  district  funds. 

Approved,  November  9,  1 853. 


126  LAWS  OF  THE 

2.  Be  it  further  enacted,  That  in  case  of  misdemeanor  of  the 
treasurers,  or  any  person  entrusted  with  public  funds,  or  a 
failure  to  account  for  the  amount  placed  in  their  hands  as 
required  by  law,  he  shall  be  proceeded  against  in  any  court, 
compelling  the  principal  and  security,  or  securities  to  return 
the  same. 

3.  Be  it  further  enacted,  That  the  light-horse  men  shall  be 
authorized  by  court  to  make  all  such  collections. 

Approved,  November  15,  1853. 

AN  ACT  to  amend  the  various  acts  in  relation  to  education 
and  for  other  purposes. 

SEC.  19. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  a  board  of  trustees  and 
general  superintendent  of  schools  and  academies,  who  shall 
be  ex-officio  President  of  the  Board  of  Trustees,  to  be  com- 
posed of  one  trustee  for  each  Choctaw  district  of  the  Nation 
to  be  elected  by  the  General  Council,  and  hold  their  offices 
for  the  term  of  four  years,  and  shall  receive  the  sum  of  one 
hundred  dollars  each  per  annum  for  their  services,  to  be  paid 
out  of  the  public  funds. 

SEC.  2.  Each  and  every  superintendent,  trustee  of  schools, 
shall  enter  into  bonds,  with  good  and  sufficient  security,  pay- 
able to  the  Choctaw  Nation,  in  the  penal  sum  of  five  thou- 
sand dollars,  conditional  for  the  faithful  performance  of  the 
duties  imposed  upon  them  by  this  act,  and  for  the  safe  keep- 
ing and  disbursement  according  to  law  of  any  and  all  school 
funds  which  may  from  time  to  time  be  turned  over  to  them, 
or  either  of  them,  and  such  bond,  or  bonds  shall  be  a  lien 
upon  all  property  of  the  principal  and  securities  who  make 
the  same,  and  may  be  put  in  suit  by  the  Executive  Council 
for  a  breach  thereof. 

SEC.  3.  It  shall  be  the  duty  of  the  superintendent  of  educa- 
tion to  visit  the  schools  and  academies  of  this  Nation  at  least 


CHOCTAW   NATIOX.  127 

once  in  each  and  every  year,  and  to  correspond  with  the 
trustee  for  each  district,  and  also  with  the  superintendents  of 
schools  and  academies ;  when  necessary  to  require  from  each 
teacher  and  superintendent  of  schools  or  academies  a  report, 
setting  forth  the  condition  of  such  schools  or  academies 
within  their  respective  districts  :  The  system  of  education,  the 
kind  of  class  books,  the  progress  of  the  pupils,  the  cost  of 
tuition,  board  and  expenses,  the  amount  and  nature  of  the  reve- 
nue received  by  the  teacher  or  superintendent  appropriated 
by  the  Council,  Missionary  Board,  or  received  from  the  labor 
of  the  student,  or  from  any  other  source,  together  with  such 
information  touching  the  character,  qualification  and  fitness 
of  the  various  persons  employed  in,  or  in  connection  with  the 
school,  such  as  farmers,  servants,  etc.,  as  he  may  deem  pro- 
per, and  to  lay  the  same  before  the  National  Council  at  its 
annual  sessions,  with  such  remarks  and  suggestions  as  he 
may  see  fit  to  make. 

SEC.  4.  The  Board  of  Trustees  may  be  convened  at  such 
times  and  such  places  as  shall  be  directed  by  the  superin- 
tendent to  take  into  consideration  any  matter  of"  general 
interest ;  to  hear  and  determine  all  questions  of  difficulty 
arising  between  the  trustees  and  any  superintendent  or 
teacher  of  school,  if  in  their  judgment  changes  are  necessary 
in  any  of  the  superintendents,  teachers,  or  farmers  employed 
in  any  such  academies  or  schools,  to  request  the  Missionary 
Board,  or  their  authorized  agents,  having  the  management  of 
such  academies  or  schools,  to  remove  any  one  not  fit  or  suit- 
able to  be  employed  at  such  institution  ;  and  if  such  board  or 
their  agents  fail  or  refuse  to  comply  with  the  wishes  of  the 
Board  of  Trustees,  to  report  the  same  to  the  Commissioner  of 
Indian  Affairs  through  the  United  States  Agent  for  the 
Choctaw. 

SEC.  5.  It  shall  be  the  duty  of  the  general  superintendent 
of  schools,  or  either  of  the  trustees  under  his  direction,  to 
place  at  interest  any  money  or  moneys  in  their  hands,  or 


128  LAWS   OF  THE 

which,  may  come  into  the  possession  of  the  Board  of  Trustees, 
or  either  of  them,  which  may  not  be  immediately  required  to 
defray  the  expenses  of  education  of  the  Choctaw  Nation,  upon 
such  time  as  he  may  think  proper  for  the  benefit  of  the 
school  funds  of  the  Choctaw  people,  employing  such  agent  for 
safe  keeping,  investment,  or  loan,  advantageous  to  the 
Nation. 

SEC.  6.  The  trustees  of  each  district  shall  select  the  scholars 
to  be  sent  to  the  various  schools  and  academies,  under  regu- 
lations and  provisions  of  the  laws  now  in  force,  so  far  as  they 
are  consistent  with  this  act :  Provided,  hoivever,  that  so  soon 
as  a  general  system  of  common  or  neighborhood  schools 
shall  be  established,  the  scholars  sent  to  the  academies  shall 
.  be  selected  from  the  different  neighborhood  schools,  pro  rata, 
according  to  the  number  of  children  taught 'in  said  schools, 
giving  the  preference  to  such  as  have  shown  the  highest  capa- 
bility of  learning,  and  have  made  the  greatest  progress  in 
their  studies,  and  shall  report  a  list  of  all  such  scholars 
selected  for  the  schools  and  academies  to  the  general  super- 
intendent. 

SEC.  7. — The  Board  of  Trustees  shall  have  the  right  and 
are  hereby  authorized  to  contract  with  any  board  of  missions 
or  persons  for  the  establishment  of  academies  and  schools  in 
the  Choctaw  Nation ;  but  no  contract  shall  hereafter  be  made 
without  a  clause  giving  to  either  party  to  such  contract  the 
right  to  terminate  and  rescind  the  same  upon  six  months' 
notice  to  either  party  of  such  intention  or  wish  to  annul  said 
contract  or  contracts. 

SEC.  8. — Annual  examinations  of  the  pupils  at  the  schools 
and  academies,  shall  take  place  at  such  times  as  the  general 
superintendent  shall  designate. 

SEC.  9. — The  Trustees  in  the  several  districts  shall  have 
the  power  to  suspend  any  school  in  such  district,  in  case  of 
sickness  or  epidemic  at  the  schools  and  academies  which  may 
render  it  unsafe  or  improper  to  continue  the  same. 


CHOCTAW   NATION.  129 

SEC.  10. — The  general  superintendent  of  schools  shall  be 
elected  at  the  present  session  of  the  National  Council,  and 
every  four  years  hereafter. 

SEC.  11. — All  laws  and  parts  of  laws  inconsistent  with  the 
provisions  of  this  act,  are  hereby  repealed,  and  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  November  11,  1853. 


Resolution  directing  investment  of  Choctaw  Funds  arising 
under  Treaty  of  1830. 

SEC.  20. —  Whereas,  there  is  a  large  amount  of  money,  being 
a  balance  of  $372,000  appropriated  by  the  act  of  Congress, 
July  1852,  in  satisfaction  of  awards  to  the  Choctaws  for  cer- 
tain claims  arising  under  Treaty  of  Dancing  Rabbit  Creek,  of 
1830,  who  have  not  applied  and  may  not  ever  apply  for  the 
same.  And  whereas,  the  governm'ent  of  the  United  States 
require  a  receipt  for  said  money,  therefore  admitting  the 
right  of  the  Choctaw  Nation  to  control  the  same.  And 
whereas,  said  money  is  lying  idle  and  unproductive,  and  a 
large  portion  of  it  may  continue  to  do  so  for  many  years  to 
come,  to  the  great  loss  of  the  Choctaw  people.  And  where- 
as, in  the  event  the  rightful  claimants  or  their  heirs  or  legal 
representatives  are  dead,  or  shall  not  claim  the  same  within 
a  reasonable  length  of  time,  said  money  escheat  to  or  vest  in 
the  Choctaw  people.  Therefore,  be  it  resolved,  that  the  gov- 
ernment of  the  United  States  be  requested  to  authorize  the 
investment  or  loan  of  said  money  for  the  benefit  of  the  Choc- 
taw people,  .by  D.  H.  Cooper,  Choctaw  agent,  and  to  pay 
over  the  interest  arising  thereon  to  the  three  trustees  and 
general  superintendent  of  schools  of  the  Choctaw  people,  an- 
nually, according  to  population,  after  deducting  all  legal 
charges  on  said  interest  which  may  be  authorized  by  the 
Choctaw  government,  and  the  balance  of  such  annual  inter- 
9 


130  LAWS   OF  THE 

est  shall  be  appropriated  from  time  to  time  by  the  National 
Council  of  the  Choctaw  people,  for  the  support  of  neighbor- 
hood schools,  among  the  citizens  of  Choctaw  blood  living  in 
the  Choctaw  Districts  of  the  Choctaw  Nation. 
Approved,  November  17,  1853. 


AN  ACT  placing  funds  arising  under  the 'Treaty  of  1830,  for 
the  education  of  forty  youths,  in  the  hands  of  the  Superin- 
tendent and  Trustees  of  schools. 

SEC.  22. — Be  it  enacted  "by  tJie  General  Council  of  tJte  Choctaw 
Nation  assembled,  That  the  interest  accruing  from  the  provi- 
sions of  the  treaty  of  Dancing  Babbit  Creek,  for  the  educa- 
tion of  forty  Choctaw  youths,  be  and  the  same  is  hereby,  with 
the  consent  of  the  President  of  the  United  States,  set  apart 
and  placed  under  the  control  and  management  of  the  super- 
intendent and  trustees  of  the  public  schools  in  this  Nation, 
for  the  education  of  the  Ctfoctaw  youths  in  schools,  academies, 
•and  colleges  in  the  States,  and  all  acts  and  parts  of  acts  in- 
consistent with  this  act,  be  and  the  same  are  hereby  re- 
pealed. 

Approved,  November  17, 1853. 


ACTS  AND  RESOLUTIONS 

PASSED  AT 

SESSION  XXI.— 1854. 

AN  ACT  changing  the  name  of  Tiger  Spring  County. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  Tiger  Spring  County,  in  Pushamataha  District,  be 


CHOCTAW   NATION".  131 

changed  and  called  Bine  County,  and  to  embrace  tbe  same 
boundary  lines  as  said  Tiger  Spring  County,  as  defined  at 
Session  17th,  Sec.  2. 
Approved,  Nove.mber  6, 1854. 


AN  ACT  establishing  an  additional  precinct   in   Skullyville 

County. 

SEC.  4. — Be  it  enacted  by  the  General  Council  of  the  Clioctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
in  the  county  of  Skullyville,  in  addition  to  the  present  pre- 
cinct, there  shall  be  one  established  on  Dog  Creek,  at  George 
Games',  in  said  county,  and  the  voters  of  said  county  may 
vote  at  either  precinct. 

Approved,  November  7,  1854. 


AN  ACT  dividing  Sugar  Loaf  County  into  two  election  pre- 
cincts. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  Sugar  Loaf  county  shall  be  divided  into  two  precincts 
for  election  purposes,  viz.  :  one  precinct  at  A.  G.  Morris', 
and  the  other  at  Stephen  Holson's ;  and  that  portion  of  Sec- 
tion 19,  Session  18,  which  authorizes  the  elections  in  said 
county  to  be  held  at  Camper's  school-house,  is  hereby  re- 
pealed ;  and  that  the  voters  of  said  county  are  hereby  au- 
thorized to  vote  at  either  of  said  precincts. 

Approved,  November  7,  1854. 


Resolutions  in  relation  to  the  Territorial  Bill  and  Eailroads. 

SEC.  6. — Resolved  by  the  Senate  and  House  of  Representatives 
of  the  General  Council  of  the  Choctaio  Nation  assembled,  That  a 


132  LAWS  OF  THE 

committee  be  appointed,  to  be  composed  of  individuals  both 
in  the  Council  and  out  of  it,  to  take  into  consideration  the 
Territorial  bill  and  Eailroad  projects,  who  shall  report  and 
recommend  to  the  present  Council  such  measures  as  they  may 
deem  advisable  for  the  welfare  of  our  people. 
Approved,  November  7, 1854. 


AN  ACT  giving  James  McClean  the  privilege  of  erecting  a 
Toll-bridge  on  the  Poteau  Kiver. 

SEC.  8. — Be  it  enacted  by  the  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  the  privilege  is  hereby  granted  to  James  McClean,  of  the 
Choctaw  Natiou,  the  exclusive  right  of  building  a  toll-bridge 
across  the  Potean  Kiver,  at  any  point  from  the  mouth  of  said 
river  up  to  Phil's  ferry  on  said  stream. 

2.  Be  it  further  enacted,   That  the   said  James  McClean 
shall  not  interfere  with  any  rights  of  citizens  of  this  Nation, 
who  may  have  established  ferries  on  said  stream,  without  his 
or  their  consent. 

3.  Be  it  further  enacted,  That  this  right  and  privilege,  thus 
granted,  be  renewed  at  the  expiration  of  twenty  years,  should 
the  same  be  deemed  advantageous,  and  that  the  General 
Council  shall  have  the  right  to  regulate  and  establish  the 
rate  of  toll  by  law. 

4.  Be  it  further  enacted,  That  in  case  of  low  water  the  citi- 
zens of  the  Choctaw  Nations  shall  cross  free  of  charge. 

5.  And  be  it  further  enacted,  That  the  act  passed,  section  18, 
session  15,  be  and  is  hereby  repealed. 

Approved,  November  8,  1854. 


AN  ACT  imposing  fines  for  disturbing  religious  services  and 

schools. 

SEC.  9. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


CHOCTAW  NATION.  133 

Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
any  person  or  persons  disturbing  any  religious  devotion,  or 
any  school  of  the  Choctaw  Nation,  shall  be  subject  to  pay  a 
fine  of  not  less  than  five  dollars  nor  exceeding  twenty  dollars, 
the  same  to  be  determined  by  court,  and  the  fine  so  paid  shall 
belong  to  the  district  in  which  it  may  be  collected. 

2.  Be  it  further  enacted,  That  the  act  of  section  5,  session 
13,  is  hereby  repealed. 

Approved,  November  8, 1854. 


AN    ACT    establishing  two  election  precincts  in    Kiamichi 

County 

SEC.  10. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  county  of  Kiamichi  shall  be  divided  into  two  precincts 
for  -election  purposes,  viz  :  One  precinct  at  Good  Land  and 
the  other  at  Ayuhkana  deceased's  house,  on  Beaver  Creek, 
and  that  portion  of  section  29,  session  18,  establishing  the 
election  ground  at  Bok-Falaya  school-house,  be  and  is  hereby 
repealed. 

Approved,  November  19, 1854. 

RESOLUTIONS  relative  to  Choctaw  claims  against  the  United 

States. 

SEC.  15. —  Whereas,  The  General  Council  of  the  Choctaw 
Nation,  at  its  Session,  November  9,  A.  D.  1853,  appointed  P. 
P.  Pitchlynn,  Israel  Folsom,  Dixon  W.  Lewis,  and  Samuel 
Garland,  delegates  to  represent  the  Choctaw  Nation  at  Wash- 
ington City,  and  to  institute  in  their  name  and  behalf  a  claim 
upon  the  Government  of  the  United  States,  for  further  pay 
and  remuneration  for  the  country  ceded  by  them  to  said  Gov- 
ernment under  the  treaty  concluded  at  Dancing  Rabbit  Creek, 
1830,  and  to  protect  and  to  defend  every  right  and  interest 


134  LAWS  OF  THE 

of  the  Choctaws  arising  under  treaty  stipulations  or  other- 
wise, with  full  power  to  settle  and  dispose  of  by  treaty  or 
otherwise,  all  and  every  claim  and  interest  of  the  Choctaw 
people  against  the  United  States  Government,  and  to  adjust 
and  bring  to  a  close  all  unsettled  business  of  the  Choctaw 
people  with  said  Government ;  and  whereas,  the  incipient 
steps  have  been  taken  by  said  delegation  to  effect  the  object 
of  their  mission  ;  and  whereas,  and  from  the  intricate  nature 
of  said  claims  and  interests  of  the  Choctaw  people,  further 
trial  and  exertion  is  necessary  to  bring  them  to  a  successful 
issue  ;  and  whereas,  the  Choctaw  Council  has  undiminished 
confidence  in  the  wisdom,  prudence  and  integrity  of  said 
delegation,  therefore : 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation  as- 
sembled, That  P.  P.  Pitchlynn,  Israel  Folsom,  Dixon  W.  Lewis, 
and  Samuel  Garland,  be  and  they  are  hereby  instructed  to  re- 
main at  Washington  City,  and  continue  to  press  to  final  set- 
tlement all  claims  and  unsettled  business  of  the  Choctaws 
with  said  Government,  with  full  power  to  take  all  measures, 
and  to  enter  into  all  contracts,  which,  in  their  judgment,  may 
become  necessary  and  proper,  in  the  name  of  the  Choctaw 
people,  and  to  bring  to  a  final  and  satisfactory  adjustment 
and  settlement  all  claims  or  demands  whatsoever  which  the 
Choctaw  tribe,  or  any  member  thereof,  have  against  the  Gov- 
ernment of  the  United  States,  by  treaty  or  otherwise. 

Be  it  further  resolved,  That  the  Choctaw  Delegation  ^^in- 
structed to  request  the  Commissioner  of  Indian  Affairs  to 
authorize  D.  H.  Cooper,  United  States  Agent,  to  repair  to 
Washington  City  for  the  purpose  of  assisting  in  the  investi- 
gation of  Choctaw  claims,  and  by  his  counsel  and  advice  to 
aid  in  consumating  a  final  and  satisfactory  settlement  of  all 
unadjusted  Choctaw  matters  with  the  Government  of  the 
United  States  as  speedily  as  possible. 

Approved,  November  10, 1854. 


CHOCTAW   NATION.  135 

EESOLUTION  providing  for  the  pay  of  certain  services  of 
P.  P.  Pitchlynn. 

SEC.  18. —  WJiereas,  a  resolution  was  introduced  and  passed 
the  General  Council  in  1842,  allowing  the  superintendent  of 
the  Choctaw  academy  in  Kentucky,  Col.  P.  P.  Pitchlynn,  one 
thousand  dollars  for  his  services  at  said  institution,  and  caus- 
ing the  funds  of  that  institution  to  be  withdrawn  and  invested 
for  the  support  of  Spencer  academy,  has  been  mislaid,  and 
although  the  Chiefs  have  given  a  certificate  to  that  effect,  the 
Department  refused  to  recognize  and  pay  the  said  claim  unless 
the  resolution  be  produced,  or  a  new  one  adopted ;  therefore : 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  the  Department  at  "Washington  be  and  is 
hereby  requested  to  pay  the  above  sum  of  one  thousand  dol- 
lars to  Col.  P.  P.  Pitchlynn  for  said  services. 

Approved,  November  14, 1854. 


Resolution  requesting  Rev.  E.  Hotchkin   to   sign   certain 

vouchers. 

SEC.  19. — Resolved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  former  superintendent  of  the 
Koonsha  female  seminary,  the  Rev.  E.  Hotchkin,  be  re- 
quested to  sign  the  vouchers  for  the  United  States  agent  for 
the  three  thousand  dollars,  formerly  expended  in  said  institu- 
tion, and  turn  over  the  same  to  general  superintendent  of 
schools,  who  is  authorized  to  sign  such  receipts  as  in  his 
judgment  will  secure  the  said  Hotchkin  from  any  liability  for 
signing  said  government  vouchers. 

Approved,  November  14, 1854. 


Besolutions  authorizing  payment  of  the  Nelson  claim. 
SEC.  20. —  Whereas,  a  resolution  was  passed  at  the  last  ses- 


136  LAWS  OF  THE 

sion  of  the  General  Council,  appropriating  the  sum  of  three 
thousand  five  hundred  and  seventy  dollars,  for  the  payment 
of  a  claim  due  the  heirs  of  Garret  Nelson,  for  boarding  Choc- 
taw  youths  in  the  old  Nation ;  but,  unfortunately,  said  resolu- 
tion omitted  to  mention  the  same,  in  consequence  of  which 
omission  the  department  at  Washington  refused  the  claims  ; 
therefore, 

Be  it  resdved  by  the  General  Council  of  tJie  Choctaw  Nation  as- 
sembled, That  the  department  be,  and  is  hereby  requested  to 
pay  the  three  thousand  five  hundred  and  seventy  dollars  to  the 
order  of  any  delegates  at  Washington. 

Approved,  November  14,  1854. 


AN  ACT  exempting  certain  property  from  seizure  and  sale  for 
fines  imposed. 

SEC.  22. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
when  any  fine  is  imposed  upon  offenders  against  the  laws  of 
the  Nation,  and  when  the  light-horse  men  are  ordered  by  any 
judge  as  directed  by  law,  to  seize  property,  to  sell  the  same 
to  pay  the  fine  or  fines  imposed,  that  there  shall  be  reserved 
unto  the  offenders  the  house,  furniture  and  farming  utensils 
from  being  taken  and  sold  as  provided  by  law. 

Approved,  November  14,  1854. 


Resolutions  requesting  Chiefs  to  have  the  bounds  of  Fort 
Arbuckle  defined,  and  to  request  the  agent  to  remove 
trespassers. 

SEC.  24. —  Whereas,  various  complaints  having  been  made 
to  the  General  Council,  by  petition,  setting  forth  that  the 
military  post  at  Fort  Arbuckle,  and  white  men  not  citizens  of 
this  Nation,  and  entirely  unconnected  with  the  service  of  the 


CHOCTAW   NATION.  137 

United  States,  have  taken  possession  of  a  large  tract  of 
country,  not  included  within  the  limits  of  one  mile  square, 
generally  set  apart  for  such  military  posts.  Therefore, 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  the  several  chiefs  of  this  Nation  are  hereby 
requested  to  inform  the  Choctaw  agent  of  these  facts,  and 
through  him  to  have  this  subject  investigated,  and  the  bounds 
of  Fort  Arbuckle  defined. 

Besolved  further,  That  when  such  bounds  are  ascertained, 
that  all  trespassers  shall  be  immediately  removed,  and  all 
improvements,  such  as  farms,  mills  and  dwelling-houses,  shall 
be  vacated,  if  not  within  the  boundary  of  one  mile  square ; 
and  such  white  men  as  are  not  citizens  of  this  Nation,  and 
not  in  the  service  of  the  United  States,  shall,  by  order  of  the 
Choctaw  agent,  be  ordered  to  leave  the  limits  of  the  Choctaw 
Nation. 

Approved,  November,  1854. 


AN  ACT  requiring  all  free  males  over  eighteen  and  under  fifty 
years  old  to  work  on  the  road. 

SEC.  27. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  it  shall  be  the  duty  of  the  county  judges  of  this  Nation 
to  require  people  to  work  on  the  roads  in  their  respective 
counties  six  days  in  each  year. 

2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
county  judges  to  notify  the  people  of  their  respective  coun- 
ties by  any  light-horse  man,  at  least  five  days  before  the  time 
for  working  on  the  roads,  who,  with  their  axes,  hoes  and 
other  utensils  that  may  be  necessary  for  the  work,  shall  so 
work. 

3.  Be  it  further  enacted,  That  if  any  person  or  persons  who 
are  duly  notified,  and  shall  refuse  to  work  on  the  public 


138  LAWS  OF  THE 

roads,  they  shall  be  made  to  pay  a  fine  of  not  less  than  fifty 
cents  per  day,  and  the  fine,  when  collected,  shall  be  placed 
in  the  hands  of  their  respective  county  judges  for  county 
purposes  :  Provided,  any  person  or  persons  on  showing  a 
good  cause  for  not  complying  with  such  notification  to  their 
county  judges,  and  the  judges  being  satisfied  of  the  excuse, 
shall  be  exempt  from  such  fine. 

4.  And  be  it  further  enacted,  That  all  free  males  from  the 
age  of  eighteen  to  fifty  years  old  shall  be  subject  to  the  pro- 
visions of  this  act,  and  those  over  fifty  years  old,  shall  be 
exempt  from  the  same. 

5.  Be  it  further  enacted,  That  those  persons  who  are  citizens 
of  the  United  States,  and  residing  in  this  Nation,  as  me- 
chanics, merchants,  or  in  any  business,  and  have  received  a 
permit  or  license  to  remain,  shall  be  subject  to  the  provisions 
of  this  act ;  but  in  case  he  or  they  refuse  to  comply  with  this 
law,  they  shall  be  reported  to  the  proper  authority. 

6.  Be  itfurtJier  enacted,  That  the  school  teachers,  farmers, 
that  belong  to  the  different  institutions  of  this  Nation,  stu- 
dents of  the  different  schools,  and  doctors,  shall  be  exempt 
from  working  on  the  road. 

7.  Be  itfurtlier  enacted,  That  county  judges  shall  have  the 
right  to  appoint  two  competent  men  out  of  their  own  county, 
whose  duty  shall  be  to  attend  to  and  mark  out  the  way  for 
any  new  road  that  it  may  be  necessary  to  make. 

8.  Be  it  further  enacted,  That  the  law  of  Session  XV., 
Section  17,  is  hereby  repealed. 

Approved,  November  15,  1854. 

AN  ACT  dividing  Towson  County  into  two  election  precincts. 

SEC.  28. — Be  it  enacted  by  the  General  Council  of  tlie  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  county  of  Towson  shall  be  divided  into  two  precincts  for 
election  purposes,  viz. :  one  precinct  to  be  at  the  circuit  court 
ground  in  said  county,  and  the  other  at  the  schoolhoiise 


CHOCTAW  NATION.  139 

called  Lukfapa  Chito ;   and  that  the  voters  of  said  county 
may  vote  at  either  precinct ;  and  that  portion  of  Section  29, 
Session  18,  establishing  the  election  at  the  annuity  ground, 
be  and  the  same  is  hereby  repealed. 
Approved  November  15,  1854. 


EESCLUTIONS  directing  Superintendent  of  Fort  Coffee  Acad- 
emy and  trustees  of  schools  in  Moshulatubbee  district,  to 
correspond  with  Board  of  Missions  of  Methodist  Episcopal 
Church  South,  and  for  other  purposes. 

SEC.  29. — Eesdved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  superintendent  of  Fort  Coffee 
Academy,  and  the  trustees  in  Moshulatubbee  district  are 
hereby  authorized  to  correspond  with  the  Board  of  Missions 
of  M.  E.  Church  South,  during  the  coming  year,  on  the 
"  items"  of  changes  agreed  upon  between  Mr.  McKinney  and 
the  Rev.  "W.  T.  McAlister,  and  lay  before  the  next  General 
Council,  for  its  action,  the  result  of  their  correspondence  with 
such  board. 

Resolved  further,  That  the  three  hundred  dollars,  the  un- 
expended sum  formerly  appropriated  for  Norwalk  school,  be 
paid  over  to  the  trustee  of  Apuckshunnubbee  district,  to  be 
used  for  neighborhood  schools  at  his  discretion. 

Approved  November  15,  1854. 


A  RESOLUTION  requesting  chiefs  to  ask  agent  of  Choctaws  to 
call  on  agent  or  chief  of  the  Cherokees  for  a  meeting  of 
the  Tribes,  by  commissioners,  for  purposes  therein  stated. 

SEC.  31. — He-solved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  chiefs  be  requested  to  call  upon 
the  Choctaw  agent,  either  in  person  or  by  written  communi- 
cation, asking  him  to  correspond  with  the  Cherokee  agent,  or 
their  principal  chief,  to  meet  Choctaw  commissioners  to  be 
appointed  by  the  several  district  chiefs,  by  commissioners  on 


140  LAWS  OP  THE 

their  part,  at  such  time  and  place  as  may  be  agreed  upon, 
to  cause  an  intercourse  law  to  be  made  to  punish  offenders 
among  members  of  either  Tribe  against  the  laws  of  the  other  ; 
the  same  to  be  laid  before  the  General  Council  for  its  approval. 
Approved  November  16,  1854. 


AN  ACT  giving  mileage  to  judges  of  the  Supreme  Court  in 
attending  the  same. 

SEC.  34. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  in  addition  to  the  pay  received  by  the 
Supreme  Judges  of  this  Nation,  they  shall  be  allowed  the 
same  mileage  as  members  to  the  General  Council  are  allowed, 
when  coming  to  and  returning  from  the  Supreme  Court. 

Approved  November  16,  1854. 


AN  ACT  for  the  benefit  of  crippled,  blind  and  idiotic  persons. 

SEC.  37. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
crippled,  blind  and  idiotic  persons  who  are  poor  and  unable 
to  support  themselves,  and  who  are  temperate,  shall  receive 
ten  dollars  each  from  the  sales  of  stray  property  in  their 
respective  districts. 

Approved  November  16,  1854. 

AN  ACT  granting  Samuel  Allen  the  exclusive  privilege  of 
building  a  toll-bridge  across  Poteau  Eiver,  at  a  certain 
point. 

SEC.  38. — Be  it  enacted  by  the  General  Council  of  the  Chodaiv 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  privilege  of  the  exclusive  right  is  hereby  granted  to  Sa- 
muel Allen,  of  the  Choctaw  Nation,  of  building  a  toll-bridge 
across  the  Poteau  River,  at  any  point  from  Phil's  Ferry,  up 
to  Pitchlynn's  Ferry  on  said  stream. 


CHOCTAW  NATION.  141 

2.  Be  it  further  enacted,  That  the  said  Samuel  Allen  shall 
not  interfere  with  any  right  of  citizens  of  this  Nation  who 
may  have  established  ferries  on  said  stream  without  his  or 
her  consent. 

3.  Be  it  further  enacted,  That  the  rights  and  privileges  thus 
granted,  be  renewed  at  the  expiration  of  twenty  years,  should 
the  same  be  deemed  advantageous.     The  General  Council 
shall  have  the  right  to  regulate  and  establish  the  rates  of  toll 
by  law.  ' 

4.  Be  it  further  enacted,  That  in  case  of  low  water,  the 
citizens  of  the  Choctaw  Nation  shall  cross  free  of  charge. 

Approved  November  16,  1854. 


AN  ACT  to  prevent  persons  intoxicated  from  disturbing  pub- 
lic gatherings. 

SEC.  43. — Be  it  enacted  l)y  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
any  person  or  persons,  under  the  influence  of  intoxicating 
liquor,  who  shall  disturb  any  public  gathering  in  this  Nation, 
shall  be  fined  ten  dollars,  which  shall  be  collected  by  the  light- 
horse  men,  as  other  fines,  and  if  necessary  such  offender  or 
offenders  shall  be  confined  in  jail  until  sober. 

Approved,  November  16,  1854. 


ACTS  AND  EESOLUTIONS 

PASSED  AT 
SESSION  XXII.— 1855. 

EESOLUTION  directing  the  removal  of  John  Johnston  beyond 
the  limits  of  the  Nation. 

SEC.  2. —  Whereas,  A  certain  white  man  named  John  Johns- 
ton, now  living  near  Skullyville,  in  Moshulatubbee  District, 


142  LAWS   OF  THE 

who  was  ordered  out  of  this  Nation  in  1855,  for  living  with  a 
woman  in  violation  of  the  laws  of  this  Nation,  has  again  re- 
turned to  this  Nation  and  refuses  to  leave. 

Therefore,  Resolved,  That  the  Chiefs  are  hereby  authorized 
to  request  the  United  States  Agent,  Gen.  D.  H.  Cooper,  to 
have  Col.  John  Johnston,  and  all  of  his  property,  removed 
out  of  this  Nation  as  soon  as  practicable,  and  for  ever  stay 
out  of  it. 
r  Approved,  November  8, 1855. 


AN  ACT  changing  the  boundaries  of  Wade  County. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That*  the  boundary  line  of  Wade  county  be 
changed  and  run  as  follows  : 

Beginning  on  the  top  of  the  dividing  ridge  where  the 
boundary  line  of  Moshulatubbee  District  strikes  the  boundary 
line  of  the  State  of  Arkansas ;  running  thence  along  the  top 
of  the  dividing  ridge  eastwardly  to  where  'the  road  leading 
from  Horse  Prairie  to  Fort  Smith  crosses  the  same  ;  thence 
along  said  road  to  Jack's  Fork ;  thence  down  Jack's  Fork  to 
its  junction  with  Kiamichi ;  thence  down  Kiamichi  to  the 
Narrows,  one  mile  above  Hotakah's  place  ;  thence  running  on 
a  straight  line  to  a  spring  on  the  top  of  Kiamichi  mountain, 
known  as  Okchaya's  place ;  thence  east  until  it  shall  strike 
Little  Eiver  two  miles  above  Hopenachobi's  place ;  thence  up 
said. river  to  its  source;  thence  eastwardly  to  the  state  line  of 
Arkansas,  and  thence  along  said  line  to  the  beginning. 

2.  Be  it  further  enacted,  That  that  part  of  Session  17,  Sec- 
tion 6,  denning  the  boundary  lines  of  Wade  county  shall  be 
null  and  void. 

Approved,  November  15, 1855. 


CHOCTAW  NATION.  143 

AN  ACT  changing  the  place  of  holding  the  County  Court  of 
Skullyville  County. 

SEC.  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled.  That'  from  and  after  the  passage  of  this  act, 
the  County  Court  of  Skullyville  County  shall  be  held  near  the 
crossing  of  Buck  Creek  on  the  Washita  road,  and  that  the 
act  passed  Session  20,  Section  13,  locating  said  court  ground 
at  Skullyville,  is  hereby  repealed. 

Approved  November  15,  1855. 


• 

RESOLUTIONS  approving  report  of  the  Delegation  at  "Wash- 
ington. 

SEC.  10. — Be  it-  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled)  That  the  report  of  the  proceedings  of  the 
delegation  at  Washington  having  been  fully  examined,  the 
same  be  and  is  hereby  approved. 

Approved,  November  17,  1855. 


RESOLUTIONS  further  directing  Choctaw  Delegation  at  "Wash- 
ington. 

SEC.  12.  Be  it  resolved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  delegates  who  negociated  the  treaty 
of  June  1855,  be  instructed  to  proceed  to  Washington  as  soon 
as  practicable,  and  that  full  power  is  hereby  given  them,  or 
to  such  of  them  as  may  be  in  Washington,  to  close  up  as 
speedily  as  possible  the  business  they  have  commenced. 

Approved  November  17,  1855. 


RESOLUTIONS  requesting  the  United  States  Agent  to  accom- 
pany the  Delegation  to  Washington. 

SEC.  13.— Be  it  resdved  by  tJie  General  Council  of  the  Choctaw 


144  LAWS  OF   THE 

Nation  assembled,  That  the  United  States  Agent,  Gen.  D.  H. 
Cooper,  be  and  he  is  hereby  requested  to  proceed  to  Wash- 
ington with  the  delegation,  and  render  them  such  aid  as  they 
may  require  from  him  in  bringing  to  a  close  the  unsettled 
business  of  the  Choctaws. 

Approved.  November  19,  1855. 


AN  ACT  ratifying  the  Treaty  of  June  22d,  1855. 

SEC.  15. —  Whereas,  articles  of  agreement  and  convention 
were  made  and  concluded  on  the  22d  day  of  June,  A.  D.  one 
thousand  eight  hundred  and  fifty-five,  between  George  W. 
Mannypenny,  Commissioner  on  the  part  of  the  United  States ; 
Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and 
Dixon  W.  Lewis,  Commissioners  on  the  part  of  the  Choc- 
taws  ;  and  Edmond  Pickens  and  Sampson  Folsom,  Commis- 
sioners on  the  part  of  the  Chickasaws,  at  the  city  of  Wash- 
ington, in  the  District  of  Columbia,  the  preamble  whereof  is 
in  the  words  and  figures  following,  viz. : 

Whereas,  the  political  connection  heretofore  existing  be- 
tween the  Choctaw  and  Chickasaw  tribes  of  Indians,  has 
given  rise  to  unhappy  and  injurious  dissensions  and  controver- 
sies among  them,  which  render  necessary  a  re-adjustment  of 
their  relations  to  each  other  and  to  the  United  States  :  And 
whereas,  the  United  States  desire  that  the  Choctaw  Indians 
shall  relinquish  all  claims  to  any  territory  west  of  the  one 
hundredth  degree  of  west  longitude ;  and  also,  make  provi- 
sion for  the  permanent  settlement  within  the  Choctaw  coun- 
try of  the  Wichita  and  certain  other  tribes  or  bands  of  In- 
dians, for  which  purpose  the  Choctaws  and  the  Chickasaws 
are  willing  to  lease  on  reasonable  terms,  to  the  United  States, 
that  portion  of  their  common  territory  which  is  west  of  the 
ninety-eight  degree  of  west  longitude :  And  whereas,  the 
Choctaws  contend  that  by  just  and  fair  construction  of  the 
treaty  of  September  27th,  1830,  they  are  of  right  entitled  to 


CHOCTAW   NATION.  145 

the  net  proceeds  of  the  land  ceded  by  them  to  the  United 
States,  under  said  treaty,  and  have  proposed  that  the  ques- 
tion of  their  right  to  the  same,  together  with  the  whole  sub- 
ject matter  of  their  unsettled  claims,  whether  national  or  in- 
dividual, against  the  United  States,  arising  under  various 
provisions  of  said  treaty,  shall  be  referred  to  the  Senate  of 
the  United  States,  for  final  adjudication  and  adjustment : 
And  whereas,  it  is  necessary  for  the  simplification  and  better 
understanding  of  the  relations  between  the  United  States  and 
the  Choctaw  Indians,  that  all  their  subsisting  treaty  stipula- 
tions be  embodied  in  one  comprehensive  instrument :  And 
whereas,  in  the  21st  Article  thereof,  it  is  among  other  things 
recited,  that  said  agreement  shall  take  effect  and  be  obliga- 
tory upon  the  contracting  parties,  from  the  date  hereof, 
whenever  the  same  shall  be  ratified  by  the  respective  coun- 
cils of  the  Choctaw  and  Chickasaw  tribes,  and  by  the  Presi- 
dent and  Senate  of  the  United  States. 

Now,  therefore,  be  it  known,  That  the  Choctaws,  in  Gen- 
eral Council  assembled,  having  duly  considered  said  articles 
of  agreement  and  convention,  and  each  and  every  clause 
thereof,  and  each  being  satisfied  therewith,  do  upon  their  part 
hereby  assent  to  ratify  and  confirm  the  same  as  stipulated 
and  required. 

Done  and  approved  at  the  Council  House  at  Fort  Towson, 
in  the  Choctaw  Nation,  this  19th  of  November,  A.  D.  1855. 


ACTS   AND   EESOLUTIONS 

PASSED  AT  THE 
EXTRA  SESSION,  JULY  25, 1856. 

AN  ACT  directing  disposition  of  funds  due  Choctaws  under 
various  articles  of  the  Treaty  of  1855. 

Whereas,  Articles  of  agreement  and  convention  between 
10 


146  LAWS   OF   THE 

the  United  States,  the  Choctaw  and  Chickasaw  tribes  of  .In- 
dians, made  and  concluded  at  the  city  of  Washington,  June 
22d,  1855,  and  ratified  by  the  Senate  of  the  United  States, 
Feb.  21st,  1856,  and  approved  by  the  President  of  the  United 
States,  March  4th,  1856,  among  other  things  provides  and 
stipulates  :  first,  under  article  8th  thereof,  "  that  in  consider- 
ation of  certain  privileges  granted  and  secured  to  the  Chick- 
asaws  (in  articles  preceeding)  and  immediately  upon  the  rati- 
fication of  said  convention,"  there  shall  be  paid  to  the  Choc- 
taws,  in  such  manner  as  their  National  Council  shall  direct, 
out  of  the  national  funds  of  the  Chickasaws,  held  in  trust  by 
the  United  States,  the  sum  of  one  hundred  and  fifty  thousand 
dollars  ;  and,  Whereas,  the  Chickasaw  Council  did  by  act, 
approved  14th  December,  1855,  appropriate  the  sum  of  one 
hundred  and  fifty  thousand  dollars  out  of  their  national  fund, 
'held  in  trust  by  the  United  States,  and  placed  the  same  sub- 
ject to  the  control  of  the  President  of  the  United  States,  for 
the  purpose  of  carrying  into  effect  the  stipulation  contained 
in  Article  8th  of  the  agreement  and  convention  aforesaid ; 
and,  Whereas,  under  Article  10th  of  said  convention,  it  is 
provided  that  in  consideration  of  the  relinquishment  and 
lease  contained  in  Article  9th  preceeding,  and  as  soon  as 
practicable  after  the  ratification  of  said  convention,  the  United 
States  will  pay  to  the  Choctaws  the  sum  of  six  hundred  thou- 
sand dollars,  in  such  manner  as  their  National  Council  shall 
direct  ;  and,  Whereas,  under  the  stipulations  contained  in 
Article  13th,  it  was  afterwards  agreed  that  the  sum  of  five 
hundred  thousand  dollars  out  of  the  amount  payable  to  the 
Choctaws,  under  Articles  8th  and  10th  of  said  convention, 
should  be  held  in  trust  by  the  United  States,  together  with 
the  funds  yielding  an  annual  interest  of  not  less  than  five  per 
centum,  and  that  said  interest  shall  be  regularly  and  judi- 
ciously applied  under  the  direction  of  the  General  Council  of 
the  Choctaws,  for  the  support  of  the  government,  for  pur- 
poses of  education  and  such  other  objects  as  may  be  best 


CHOCTAW   NATION.  147 

calculated  to  promote  and  advance  the  improvement,  welfare 
and  happiness  of  the  Choctaw  people  and  their  descendants. 
Now,  therefore,  by  virtue  of  the  authority  conferred  by  said 
articles  of  agreement  and  convention, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  President  of  the  United  States  or 
other  proper  officer  thereof,  be  and  he  is  hereby  requested 
and  directed  to  turn  over  as  soon  as  practicable  to  the  United 
States  Agent,  for  the  Choctaws,  the  sum  of  one  hundred  and 
fifty  thousand  dollars  due  out  of  the  national  funds  of  the 
Chickasaws,  according  to  stipulations  contained  in  Article 
8th  of  the  Convention  of  June  22d,  1855,  between  the  United 
States,  the  Choctaw  and  Chickasaw  tribes  of  Indians,  with 
instructions  to  said  Agent  to  pay  the  same  to  the  Choctaw 
people  per  capita  as  soon  as  possible. 

2.  Be  it  further  enacted,  That  the  government  of  the  United 
States  or  other  proper  officer  thereof,  be  and  the  same  is 
hereby  requested  and  directed  to  turn  over  to  the  United 
States  Agent,  for   the  Choctaws,  the  sum   of  one  hundred 
thousand  dollars,  payable  to  the  Choctaws  according  to  the 
stipulations  contained  in  Article  10th  of  the  agreement  and 
convention  of  June  22d,  1855,  between  the  United  States,  the 
Choctaw  and  Chickasaw  tribes  of  Indians,  with  instructions 
to  said  Agent  to  pay  the  same  over  to  the  Treasurer  of  the 
Choctaw  Nation,  for  national  purposes. 

3.  Be  it  further  enacted,  That  the  government  of  the  United 
States  or  other  proper  officer  thereof,  be  and  the  same  is 
hereby  requested  and  directed   to  turn  over  to  the  United 
States  Agent,  for  the  Choctaws,  the  interest  arising  from  and 
due  up  to  June  30th,  1855,  on  five  hundred  thousand  dollars- 
held  in  trust  by  the  United  States,  according  to  the  stipula- 
tions contained  in  Article  13th  of  the  agreement  and  conven- 
tion of  June  22d,  1855,  between  the  United  States,  the  Choc- 
taw and  Chickasaw  tribes  of  Indians,  with  instruction  to  said 
Agent  to  pay  the  same  over  to  the  Treasurer  of  the  Choctaw 


148  LAWS   OF  THE 

Nation,  to  be  applied  under  the  direction  of  the  General 
Council  of  the  Choctaws  to  the  support  of  their  government, 
for  purposes  of  education  and  such  other  objects  as  may  be 
best  calculated  to  promote  and  advance  the  improvement, 
welfare,  and  happiness  of  the  Choctaw  people  and  their  de- 
scendants. 
Approved  July  25, 1856. 


ACTS  AND  EESOLUTIONS. 

PASSED  AT 
SESSION  XXIIL— 1856. 

Kesolution  asking  United  States  Agent  to  obtain  certain  in- 
formation, &c. 

SEC.  4. — Be  it  resolved  by  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  United  States  Agent,  Gen.  Doug- 
las H.  Cooper,  be  and  he  is  hereby  respectfully  requested  to 
obtain  the  following  information,  as  accurately  as  may  be  in 
his  power,  and  furnish  the  same  to  the  delegation  of  the  Na- 
tion at  Washington  City : 

First,  The  number  of  Choctaws  remaining  east  of  the  Mis- 
sissippi Eiver,  and  the  number,  or  probable  number  thereof, 
who  have  once  emigrated  to  the  Nation  and  afterwards  re- 
turned east. 

Second,  The  extent  of  the  claims  to  cattle,  under  the  16th 
article  of  the  treaty  of  1830,  that  have  never  been  liquidated 
and  paid  by  the  United  States. 

Third,  The  exact  amount  of  the  claims  of  self-emigrant 
Choctaws,  under  the  treaty  of  1830,  to  commutation  for  re- 
moval and  subsistence,  that  have  never  been  liquidated  and 
paid  by  the  Government  of  the  United  States. 

Approved  November  10, 1856. 


CHOCTAW  NATION.  149 

AN  ACT  directing  Chiefs  to  assess  a  tax  on  licensed  traders. 

SEC.  5. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Chiefs  of  this  Nation,  within  their 
respective  districts,  shall  assess  a  moderate  tax,  or  annual 
compensation,  upon  all  licensed  traders  therein,  for  land  and 
timber  used  by  them,  and  submit  the  same  to  the  United 
States  Agent  for  his  approval. 

2.  Be  it  further  enacted,  That  the  annual  compensation  thus 
collected  from  the  licensed  traders  shall  be  placed  subject  to 
the  control  of  the  General  Council. 

Approved  November  10, 1856. 


AN  ACT  requiring  persons  to  record  description  of  brands  and 
marks,  and  penalty  for  failure. 

SEC  6. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  persons  and  guardians  of  minor 
children  having  a  brand  or  mark,  or  both,  shall  furnish  the 
clerk  of  the  county  in  which  they  reside  a  true  statement  of 
the  same,  to  be  recorded  by  said  clerk.  And  all  persons  or 
guardians  refusing  or  neglecting  to  do  so,  within  six  months 
after  the  passage  of  this  act,  shall  be  fined  five  dollars  by  the. 
judge  of  the  county  in  which  such  offender  may  reside,  which 
fine  shall  be  collected  by  the  light-horse  men  by  order  of  the 
judge  imposing  the  fine. 

2.  Be  it  further  enacted,  That  each  and  every  person  and 
guardian,  upon  having  their  mark  or  brand  recorded,  shall 
pay  twelve  and  a  half  cents  thorefor,  which   sum  shall  be 
equally  divided  between  the  district  clerk  and  the'clerk  of  the 
county  who  first  recorded  the  same. 

3.  Be  it  further  enacted,  That  should  there  be  any  change  or 
alteration  in  the  mark  or  brand,  or  any  new  mark  or  brand 
adopted  by  any  one,  he  or  she  shall  inform  the  clerk  of  their 
county  of  the  same,  and  have  the  same  recorded  in  the  man- 


150  LAWS  OF  THE 

ner  above  provided,  for  which  he  shall  pay  the  same  amount, 
and  the  same  division  thereof  shall  be  made  as  in  the  first 
instance.  But  should  any  person  refuse  or  neglect  to  furnish 
the  clerk  with  such  change  or  alteration,  within  six  months, 
they  shall  be  subject  to  a  fine  of  five  dollars,  to  be  imposed 
and  collected  in  the  manner  by  this  act  provided. 

4.  Be  it  further  enacted,  That  all  such  fines,  when  collected, 
shall  be  deposited  in  the  district  treasury  for  district  pur- 
poses. 

5.  Be  it  furtJier  enacted,  That  each  county  clerk  shall  fur- 
nish the  district  clerk,  in  their  respective  districts,  with  a 
true  copy  of  all  the  marks  and  brands  upon  their  records,  to 
be  recorded  by  him,  and  each  district  shall  furnish  the  county 
and  district  clerk  with  blank  books  for  that  purpose. 

6.  Be  it  further  enacted,  That  in  case  of  failure  by  any  person 
to  furnish  the  clerk  with  the  description  of  his  or  her  mark 
or  brand,  within  the  time  specified  in  the  above  act,  from 
sickness  or  other  lawful  excuse,  such  person  shall  be  exempt 
from  paying  any  fine. 

Approved  November  11, 1856. 


RESOLUTION  requesting  United  States  Agent  to  ascertain  the 
number  of  Choctaws  before  emigration  in  1831. 

SEC.  10. — Be  it  resolved,  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  United  States  Agent,  Gen.  D.  H. 
Cooper,  be  respectfully  requested  to  ascertain,  so  far  as  it 
may  be  practicable,  the  whole  number  of  Choctaws  east  of 
the  Mississippi  river,  in  the  year  1831,  prior  to  the  com- 
mencement of  the  first  emigration,  and  to  report  the  same  to 
the  delegations  at  Washington  City. 

Approved  November  12,  1856. 


CHOCTAW   NATION.  151 

AN  ACT  providing  for  the  pay  of  Commissioners  of  orphan 

claims. 

SEC.  11. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  nine  hundred  dollars  be  set 
apart,  out  of  the  orphan  funds  of  six  thousand  dollars,  in  the 
hands  of  the  agent,  for  the  payment  of  Robert  M.  Jones,  Cor- 
nelius McCurtain,  and  George  Hudson,  who  served  as  com- 
missioners three  years  investigating  orphan  claims. 

Approved,  November  12, 1856. 


AN  ACT  changing  election  precincts  in  Cedar  County. 

SEC  12. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
so  much  of  the  law  directing  elections  to  be  held  in  Cedar 
County,  near  Hocha's  place,  be  repealed,  and  that  the  elec- 
tions be  held  at  Lukfapa  Meeting  Ground  in  said  county. 

Approved  November  12, 1856. 


RESOLUTION  repealing  a  resolution  directing  the  removal  of 
John  Johnston  out  of  the  Nation. 

SEC.  13. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  resolution  passed  at  the  22d  ses- 
sion, and  approved  8th  November,  1855,  requiring  the  re- 
moval of  John  Johnston,  and  his  property,  from  the  Nation, 
be  repealed. 

Approved  November  12,  1856. 


AN  ACT  making  an  appropriation  for  new  buildings  at  Arm- 
strong Academy. 

SEC.  14— Be  it  enacted  by  tJie  General  Council  of  the  Choctaiu 


152  LAWS  OF  THE 

Nation  assembled,  That  the  sum  of  four  thousand  dollars  be  ap- 
propriated out  of  the  interest  fund  arising  under  the  treaty 
of  1855,  for  the  fiscal  year  ending  June  22, 1857,  which  was 
appropriated  at  the  last  session  of  Congress,  for  the  purpose 
of  erecting  new  buildings  at  Armstrong  academy.  . 

Approved,  November  12,  1856. 


AN  ACT  appropriating  money  to  pay  Commissioners  of  or- 
phan claims  for  their  services,  and  asking  Congress  to  give 
Choctaws  the  unclaimed  fund  for  an  orphan  asylum. 

SEC.  15. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  nine  hundred  dollars  be 
and  the  same  is  hereby  appropriated  out  of  any  National 
funds  not  otherwise  appropriated,  for  the -purpose  of  paying 
the  commissioners  who  investigated  and  reported  the  list  of 
orphan  Choctaws  and  their  legal  representatives,  entitled  to 
interest  on  Choctaw  orphan  reservations,  under  the  19th  act 
of  the  treaty  of  1830 ;  and  the  National  auditor  is  hereby  em- 
powered to  issue  his  warrant  for  the  same. 

2.  Be  it  further  enacted,  That  the  delegation  appointed  to 
settle  Choctaw  business  with  the  United  States,  be  and  they 
are  hereby  required  to  apply  to  the  Congress  of  the  United 
States  to  pass  an  act  appropriating  the  balance  of  the  inter- 
est due  orphan  Choctaws,  which  may  from  time  to  time  re- 
main in  the  hands  of  the  United  States  agent  for  the  Choc- 
taws, on  account  of  such  orphan  claims  as  are  or  may  be 
claimed,  and  to  which  no  legal  claimants  can  be  identified, 
for  an  orphan  asylum  and  school,  after  paying  back  to  the 
Nation  the  sum  of  $900,  appropriated  in  Section  1  of  this  act, 
and  authorizing  said  unclaimed  balance  to  be  turned  over 
from  time  to  time  to  the  treasurer  of  the  Nation,  for  the  pur- 
pose specified  in  this  act. 

Approved,  November  12,  1856. 


CHOCTAW   NATION.  153 

AN  ACT  in  relation  to  new  buildings  at  Armstrong  Academy. 

SEC.  17. — Be  it  enacted  by  the.  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  school  trustees  of  Pushamataha 
district  and  the  superintendent  of  Armstrong  Academy,  be 
and  they  are  hereby  authorized  to  .employ  mechanics,  and  do 
all  and  everything  necessary  to  be  done  in  erecting  and  com- 
pleting the  new  building  intended  for  said  academy ;  the  said 
building  to  be  upon  such  plan,  and  made  of  suoh  materials, 
as  will  be  most  suitable  and  durable. 

Approved  November  12,  1856. 


AN  ACT  giving  greater  privileges  to  the  Catawbas  heretofore 

Naturalized. 

SEC.  18. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Catawbas  who  were  made  citizens 
of  this  Nation  by  a  special  act  of  Session  XX.,  Section  11,  of 
1853,  be  and  they  are  hereby  jointly  entitled  to  a  full  parti- 
cipation in  all  funds  arising  under  the  treaty  of  1855,  between 
the  Choctaws  and  the  Government  of  the  United  States. 

Approved  November  12,  1856. 


AN  ACT   legitimatizing  the   children  of  William  and  Jane 

Guy. 

SEC.  21. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
Eliza  Jane,  Serena  Josephine,  William  Malcom,  Mary  Ange- 
line,  James  Henry  Harris,  Lucinda,  and  Douglas  Jackson 
Guy,  children  of  William  Guy,  are  and  they  are  hereby  de- 
clared to  be  the  lawful  heirs  of  Jane  Guy  deceased,  and  Wil- 
liam Guy,  of  Blue  County,  Pushamataha  district  of  the 
Choctaw  Nation. 

Approved  November  12,  1856. 


154  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  change  the  names  and  declare 
legitimate  certain  persons  therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  the  names  of  William  "Worth  Moncrief, 
Franklin  Pierce  Moncrief  and  Douglas  H.  Cooper  Moncrief 
— illegitimate  children  of  John  Johnston,  senior,  and  Mary 
Ann  Moncrief — be  changed,  each  and  severally,  to  William 
Worth  Johnston,  Franklin  Pierce  Johnston,  and  Douglas  H. 
Cooper  Johnston,  and  that  they  be  declared  the  legitimate 
children  of  said  John  Johnston,  senior,  and  shall  be  entitled 
to  all  the  rights  as  heirs-at-law  of  said  John  Johnston,  senior, 
in  the  same  manner,  and  to  the  same  extent,  as  if  they  had 
been  born  in  wedlock  ;  Provided,  that  this  act  shall  not  be  so 
construed  as  to  confer  any  right,  privilege  or  immunity  in 
this  Nation,  of  any  kind  whatever,  upon  the  said  John  John- 
ston, senior. 

SEC.  2.^ — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  November  4,  1857. 


AN  ACT  entitled  an  act  providing  for  and  directing  the  man- 
ner of  taking  the  census  of  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  an  enumeration  of  the  inhabitants  of 
this  Nation  shall  be  taken  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty  eight,  and  at  the  end  of 
every  six  years  thereafter. 

SEC.  2. — Be  it  further  enacted,  That  the  census  or  enumera- 
tion of  the  inhabitants  of  this  Nation  shall  be  taken  by  the 
sheriffs  of  their  respective  counties. 

SEC.  3.— Be  it  further  enacted,  That  each  sheriff  shall  com- 
mence taking  such  enumeration,  on  the  first  day  of  January 


CHOCTAW  NATIOX. 


155 


in  each  year  in  which  the  census  or  enumeration  is  required 
to  be-  taken,  and  shall  make  his  return  to  the  National  Secre- 
tary, on  or  before  the  first  day  of  April  hi  every  such  year, 
which  census  shall  be  in  the  following  form : 


Under  ten  years  of  age 

j  Over  ten  and  under  eighteen  .  .  .  . 
j  Over  eighteen  and  under  twenty-one  .  . 
j  Over  twenty-one  and  under  forty-five 

|  Over  forty-five      .     .     , 

|  Under  sixteen  years 

Over  sixteen  years 

Males 

Females 

Cotton    .     . .     .     . 

Grain 

Bales  of  cotton 

Bushels  of  corn 

Bushels  of  wheat  ...         

Bushels  of  oats 

Horses,  inares  and  colts     .     .     .     .     .     . 

|  Mules 

I  Jacks  and  jennies 

|  Cattle  of  all  kinds 

1  Hogs  of  all  kinds 

Sbeep  

White  citizens  with  native  wives     .     .     , 

White  persons  with  license  and  families 

White  persons  not  licensed 


156  LAWS  OF  THE 

SEC.  4. — Be  it  further  enacted,  That  the  sheriff  shall  carry  out 
an  agregate  of  each  description  of  persons,  acres  of  land  in 
cultivation,  production,  and  of  animals  raised,  and  the  total 
of  the  whole. 

SEC.  5. — Be  it  further  enacted,  That  the  several  sheriffs  may 
transmit  their  returns  of  the  census  by  mail  to  the  National 
Secretary.  Such  sheriff  shall  endorse  on  the  outside  of  the 
cover  of  such  return  his  name,  office  and  the  word  "  census." 
SEC.  6. — Be  it  further  enacted,  That  each  sheriff  shall  receive, 
in  full  compensation  for  taking  the  census  of  his  county,  the 
following  compensation,  to  be  paid  out  of  the  National 
Treasury : 

For  all  individuals  contained  in  the  census  return  of  his 
county,  under  one  thousand,  three  cents  each ;  all  over  one 
thousand  and  not  exceeding  two  thousand,  two  and  one-half 
cents  each ;  all  over  two  thousand,  and  not  exceeding  three  thou- 
sand, two  cents  each ;  all  over  three  thousand  and  not  exceed- 
ing four  thousand,  one  cent  each.  And  it  shall  be  lawful  for  the 
National  Auditor  to  enrter  to  the  credit  of  any  sheriff  on  his 
books  the  amount  which  shall  be  due  him  for  taking  the  cen- 
sus, and  upon  demand  to  issue  his  warrant  on  the  treasury 
therefor. 

SEC.  7. — Be  it  further  enacted,  That  the  census  shall  be  taken 
by  the  actual  inquiry  of  the  sheriff  at  every  dwelling-house, 
or  by  personal  inquiry  of  the  head  of  every  family  in  their 
respective  counties.  , 

SEC.  8. — Be  it  further  enacted,  It  shall  be  the  duty  of  the 
National  Secretary  to  notify  all  sheriffs  who  have  failed  to 
file  in  his  office,  on  or  before  the  first  day  of  April  in  each 
year  in  which  the  census  is  required  to  be  taken,  the  census 
of  their  counties,  to  file  their  census  returns  the  first  day  of 
May  then  following. 

SEC.  9. — Be  it  further  enacted,  That  every  such  delinquent 
sheriff  who  shall  be  so  notified,  shall,  if  he  file  his  census 
return  after  the  first  day  of  April  and  before  the  first  day  of 


CHOCTAW  NATION.  157 

May,  be  permitted  to  do  so,  but  five  dollars  shall  be  deducted 
from  the  sum  due  him  for  taking  the  census,  by  the  National 
Auditor  when  settlement  is  made. 

SEC.  10. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Secretary  to  make  out  a  list  of  all  delinquents 
Sheriffs  who  have  not  filed  their  census  return  by  the  first 
day  of  May,  and  hand  the  same  to  the  Governor,  who  is  here- 
by required  to  vacate  the  commission  of  such  defaulting 
Sheriffs,  and  the  National  Secretary  shall  certify  the  same  to 
the  President  of  the  Board  of  Police  for  such  counties,  who 
shall  order  an  election  to  supply  the  vacancy,  according  to 
law. 

SEC.  11. — Be  it  further  enacted,  That  the  sheriff  of  each 
county  shall,  after  the  census  return  is  completed  by  him, 
make  out  and  file  a  correct  copy  of  the  same  in  the  Probate 
Clerk's  office  of  his  county,  for  the  use  of  said  county,  and 
shall  receive  for  such  copy  five  dollars,  to  be  paid  out  of  the 
county  treasury,  upon  an  order  of  the  Board  of  Police  of  such 
county. 

SEC.  12. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  conflict  in  any -manner 
with  the  provisions  of  this  act,  be  and  the  same  are  hereby 
repealed ;  and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  November  4, 1857. 


AN  ACT  entitled  an  act  repealing  two  acts  formerly  passed, 
and  making  special  appropriations  for  the  erection  and 
completion  of  new  buildings  at  Armstrong  Academy. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  act  heretofore  passed,  and  ap- 
proved, on  the  12th  day  of  November,  A.  D.  1856,  appropri- 
ating four  thousand  dollars,  out- of  the  interest  fund,  under 
the  treaty  of  1855,  for  the  fiscal  year  ending  June  22d,  1856, 


158  LAWS  OF  THE 

for  the  purpose   of  erecting  new  buildings  at   Armstrong 
Academy,  be  and  the  same  is  hereby  repealed. 


2.  —  Be  it  further,  enacted,  That  the  act  heretofore 
passed,  and  approved,  on  the  28th  day  of  October,  A.  D. 
1857,  appropriating  four  thousand  one  hundred  and  twenty- 
one  dollars,  out  of  any  money  not  otherwise  appropriated, 
for  the  purpose  of  completing  the  new  buildings  at  Arm- 
strong Academy,  be  and  the  same  is  hereby  repealed. 

SEC.  3.  —  Be  it  further  enacted,  That  the  sum  of  six  thousand 
dollars,  be  and  the  same  is  hereby  appropriated,  to  be  paid 
out  of  the  interest  due  by  the  United  States  Government,  on 
the  sum  of  five  hundred  thousand  dollars,  arising  under  the  v 
treaty  of  1855,  and  funded  iu  the  hands  of  the  United  States 
Government,  and  due  22d  day  of  June,  1857,  for  the  purpose 
of  erecting  new  buildings  at  Armstrong  Academy,  and  the 
National  Auditor  is  hereby  directed  to  issue  his  warrant  for 
the  same,  upon  obtaining  the  receipt  of  Robert  W.  Nail, 
school  trustee  for  Pushamataha  District,  and  William  E. 
Baker,  Superintendent  of  Armstrong  Academy,  as  the  build- 
ing committee  ;  and  the  National  Treasurer  is  hereby  direct- 
ed to  pay  the  same,  out  of  sa'id  funds,  when  the  same  comes 
into  his  hands. 

SEC.  4.  —  Be  it  further  enacted,  That  the  further  sum  of  two 
thousand  one  hundred  and  twenty-one  dollars,  be  and  the 
same  is  hereby  appropriated,  to  be  paid  out  of  the  interest 
arising  on  the  trust  fund  of  five  hundred  thousand  dollars, 
created  under  the  treaty  of  1855,  funded  in  the  hands  of  the 
United  States  Government,  due  on  the  22d  day  of  June, 
1858,  for  the  purpose  of  completing  the  new  buildings,  in 
progress  of  erection,  at  Armstrong  Academy  ;  and  the  Na- 
tional Auditor  is  hereby  directed  to  issue  his  warrant  for  the 
same,  upon  obtaining  the  receipt  therefor,  of  Eobert  W. 
Nail,  school  trustee  of  Pushamataha  District,  and  Wm.  E. 
Baker,  superintendent  of  Armstrong  Academy,  as  the  build- 


CHOCTAW   NATION.  159 

ing  committee ;  and  the  National  Treasurer  is  hereby  directed 
to  pay  the  same,  when  that  fund  comes  into  his  hands. 
Approved,  November  2, 1857. 


AN  ACT  entitled  an  act  appropriating  certain  sums  of  money 
for  certain  purposes  therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sums  of  money,  hereinafter  named, 
and  for  the  purposes  more  particularly  specified,  be  and  the 
same  are  hereby  appropriated,  to  be  paid  of  any  moneys  in 
the  National  Treasury,  not  otherwise  appropriated,  to  the 
persons  respectively,  entitled  to  receive  the  same,  upon  pre- 
sentation of  their  accounts  to  the  National  Auditor,  who  is 
hereby  directed  to  issue  his  warrants  on  the  National  Trea- 
sury, for  said  sums  of  money,  respectively,  to  wit : 

The  sum  of  two  hundred  and  sixty-eight  dollars  and  forty- 
eight  cents  ($268  48-100)  due  the  District  Treasurer  of  Push- 
amataha  District,  for  a  deficit  in  the  expenditures,  in  said 
District. 

The  sum  of  four  thousand  eight  hundred  and  thirty-seven 
dollars  and  sixty-six  cents  ($4,837  66-100)  due  the  District 
Treasurer  of  Moshulatubbee  District,  being  the  deficit  in 
the  expenditures  in  said  District. 

The  sum  of  three  hundred  and  twenty-four  dollars  and 
ninety-four  and  two-third  cents  ($324  94-100  2-3)  due  Peter 
Folsom,  for  balance  due  on  his  salary,  as  chief  of  Moshu- 
ktubbee  District,  up  to  the  fifth  day  of  October,  1857. 

The  sum  of  two  thousand  dollars  ($2,000),  as  an  advance  to 
P.  P.  Pitchlynn,  one  of  the  Choctaw  delegation,  at  Washing- 
ton City,  for  personal  expenses. 

The  sum  of  two  thousand  dollars  ($2,000),  as  an  advance 
to  Samuel  Garland,  one  of  the  Choctaw  delegation,  at  "Wash- 
ington City,  for  personal  expenses. 

The  sum  of  two  thousand  dollars  ($2,000),  as  an  advance 


160  LAWS  OF  THE 

to  Israel  Folsom,  one  of  the  Ckoctaw  delegation,  at  Washing- 
ton City,  for  personal  expenses. 

The  sum  of  two  thousand  dollars  ($2,000),  as  an  advance  to 
such  person  as  the  Governor  may  appoint,  to  fill  the  vacancy 
in  the  Choctaw  delegation,  to  be  paid  upon  his  special  order, 
to  the  National  Auditor. 

To  Tandy  Walker,  for  his  services  as  President  of  the  Con- 
vention of  Skullyville,  in  ordering  elections,  receiving  re- 
turn*, and  issuing  certificates  to  officers  elected,  as  directed 
in  the  schedule  to  the  Constitution,  fifty  dollars  ($50). 

To  George  W.  Harkins,  for  three  months'  services,  from 
July  to  October,  1857,  as  Chief  of  Apuckshunnubbee  dis- 
trict, the  sum  of  one  hundred  and  twenty-five  dollars  ($125). 

To  Pistambe,  for  three  months,  from  July  to  October, 
1857,  as  Speaker,  Apuckshunnubbee  district,  the  sum  of 
twelve  dollars  and  fifty  cents  ($12  50). 

To  Nicholas  Cochenauer,  for  three  months'  services,  from 
July  to  October,  1857,  as  Chief  of  Pushamataha  district,  the 
sum  of  one  hundred  and  twenty-five  dollars  ($125.) 

To  David  McCoy,  for  three  months'  services,  from  July  to 
October,  1857,  as  Speaker  of  Moshulatubbee  district,  the 
sum  of  twelve  dollars  and  fifty  cents  ($12  50). 

To  Adam  Christy,  for  three  months'  services,  from  July 
to  October,  1857,  as  Speaker  of  Moshulatubbee  district,  the 
sum  of  twelve  dollars,  and  fifty  cents  ($12  50). 

Approved  November  4,  1857. 


AN  ACT  entitled  an  act  placing  a  certain  sum  in  the  hands 
of  the  Governor  for  contingent  purposes. 

SEC.  1.— Be  it  enacted  by  the  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  the  sum  of  two  thousand  dollars,  of 
any  money  in  the  treasury  of  the  Nation,  not  otherwise  ap- 
propriated, be  placed  in  the  hands  of  the  Governor,  as  a  con- 


CHOCTAW   XATIOX.  161 

tingent  fund,  to  be  used  by  him  for  such  purely  national 
purposes  as  he  may  deem  proper,  and  that  the  National  Au- 
ditor be  hereby  directed  to  issue  his  warrant  therefor,  upon 
presentation  of  ths  Governor's  written  order,  and  that  the 
National  Treasurer  be  hereby  directed  to  pay  said  sums  of 
money. 

Approved  October  14, 1857. 


AN  ACT  entitled  an  act  fixing  pay  of  Trustees  of  Public 

Schools. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  trustees  of  the  public  schools  of  this  Nation  shall  each 
be  entitled  to  receive,  as  a  compensation  for  their  services, 
the  sum  of  two  hundred  dollars  for  each  and  every  year,  to 
be  paid  quarterly,  out  of  any  funds  not  otherwise  appropri- 
ated, belonging  to  this  Nation,  and  on  application  of  either 
or  any  of  the  trustees,  the  auditor  shall  issue  his  warrant  to 
the  national  treasurer,  who  shall  pay  the  same. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  November  3,  1857. 


BESOLUTION  authorizing  J.  E.  Dwight  and  Jacob  Folsom  to 
translate  the  laws. 

Resolved  by  the   General  Council  of  the  Choctaiv  Nation  as- 
sembled, That  J.  E.  Dwight  and  Jacob  Folsom  be  continued 
in  the  employment  of  the  Nation,  as  translators  of  the  laws, 
and  be  directed  to  complete  the  same  as '  soon  as  convenient, 
11 


162  LAWS   OF   THE 

and  that  they  be  allowed  for  such  services  the  sum  of  three 
dollars  per  day,  for  every  day  so  employed,  to  be  paid  out  of 
the  National  treasury,  upon  presentation  of  their  accounts, 
with  the  statement,  in  writing,  of  the  Governor,  that  the  work 
has  been  completed,  to  the  National  Auditor,  who  is  hereby 
directed  to  issue  his  warrant  for  the  same ;  Provided,  such 
allowance,  to  each  of  said  translators,  do  not  exceed  thirty 
days'  service. 
Approved,  November  4,  1857. 


.RESOLUTION    directing  Choctaw  Delegation    to    return  to 
Washington  City. 

Resolved  by  the  General  Council  of  the  Choctaw  Nation  as- 
sembled, That  the  delegates  of  the  Choctaw  Nation  who  have 
in  charge  the  business  and  interests  of  the  Nation,  arising 
under  the  treaty  of  Washington,  of  June  22d,  1855,  now 
pending,  unsettled,  before  the  United  States  Government,  be 
instructed  to  proceed  to  Washington  City  as  soon  as  practi- 
cable ;  and  that  full  power  is  given  them,  or  any  of  them,  to 
urge  a  speedy  conclusion  of  all  matters  of  unsettled  business 
^arising  under  the  treaty  aforesaid,  and  make  due  report  of 
any  progress  or  final  conclusion  thereof  to  the  General 
Council. 

^Resolved further,  That  this  resolution  take  effect,  and  be  in 
force  from  and  after  its  passage. 

Approved  November  4,  1857. 


^RESOLUTION  requesting  the  Governor  to  have  the  Acts  of  this 

Session  printed. 

Resolved  by  the  General  Council  of  the  Choctaiv  Nation  as- 
sembled, That  the  Governor  be  requested  to  have  the  acts  and 
resolutions  passed  at  the  present  session  of  the  General 
Council  printed  in  pamphlet  form,  in  both  the  English  and 
Choctaw  languages,  if  practicable,  if  not,  in  the  English  alone, 


CHOC  TAW   NATION".  163 

at  as  early  a  day  as  possible  and  upon  the  receipt  of  a  suffi- 
cient number  of  copies,  to  order  the  distribution  of  them  as 
directed  by  law. 
Approved  November  4,  1857. 


Eesolution  declaring  what  laws  are  in  force. 

Be  it  resolved  by  the  General  Council  of  the,  Choctaw  Nation 
assembled,  That  all  laws  heretofore  passed,  by  act  or  resolu- 
tion, and  not  repealed  by  express  statute  or  legitimate  impli- 
cation, at  any  session  of  the  General  Council,  are  hereby 
declared  to  be,  and  shall  remain  in  full  force  and  effect  until 
changed,  modified,  superseded  or  abrogated  by  act  of  the 
General  Council. 

Approved  November  4,  1857. 


AN  ACT  entitled  an  act  to  prevent  the  introduction  and  use 
of  intoxicating  liquors  in  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  it  shall  not  be  lawful  for  any  person 
or  persons  to  introduce,  or  cause  to  be  introduced,  for  their 
own  use,  or  to  sell,  give  or  barter,  any  vinous,  spirituous,  or 
intoxicating  liquors,  to  any  person  or  persons  within  the 
limits  of  this  Nation  in  any  quantity  whatever,  (except  wines, 
which  may  be  introduced1  by  a  member  of  any  church  for 
sacramental  uses),  and  such  offence  shall  be  subject  to  prose- 
cution, by  indictment  and  punishment  upon  conviction,  ac- 
cording to  the  following  provisions : 

SEC.  2. — Be  it  further  enacted,  That  such  person  or  persons 
so  offending  or  violating  the  provisions  of  this  act,  upon  con- 
viction thereof  before  the  Circuit  Court,  having  jurisdiction 
of  the  same,  shall  forfeit  and  pay  a  sum  of  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars  for  each  and 


IG-i  LAWS  OF  THE 

every  offence ;  and,  in  default  of  payment  of  any  such  fine, 
he,  she,  or  they,  shall  be  imprisoned  for  a  term  of  not  less 
than  one  month,  nor  more  than  three  months,  at  the  discre- 
tion of  the  court. 

SEC.  3. — Be  It  further  enacted.  That  any  person  or  persons 
within  the  limits  of  this  Nation,  found  with  any  liquors  spe- 
cified by  this  act  in  their  possession,  shall  be  deemed  guilty, 
upon  full  proof  of  such  possession,  in  like  manner,  as  if  they 
had  introduced  the  same,  and  shall  be  punished  according  to 
the  provisions  of  the  preceding  section  of  this  act,  unless  his 
or  her  innocence  of  such  charge  be  satisfactorily  proven  to 
the  court. 

SEC.  4. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  circuit  judges  of  this  Nation  to  give  this  act  in  charge  to 
the  Grand  Jury  of  each  county  thereof,  who  shall  make  dili- 
gent inquiry  concerning  any  and  all  violations  of  this  act ; 
and  it  shall  be  their  duty,  when  they  have  reasons  to  suspect 
or  believe  that  a  violation  of  this  act  has  taken  place,  to  have 
a  subpoena  *  issued  for  such  person  or  persons  as  they  believe 
can  give  information  upon  the  subject,  and  such  witnesses, 
when  summoned  and  appear,  shall  give  evidence  of  every 
offence  against  the  provisions  of  this  act  that  may  have  come 
to  his  or  her  knowledge,  without  any  special  inquiry  directed 
thereto. 

SEC.  5. — Be  it  further  enacted,  The  Circuit  Judges  shall  direct 
the  clerks,  upon  application  of  the  District  Attorneys  or  the 
Grand  Juries,  to  isssue  subpoenas  for  each  and  every  Justice 
of  the  Peace  and  Constable  within  each  county,  to  testify 
before  the  Grand  Juries  as  to  violations  of  this  act,  which 
subpoena  the  Sheriff  shall  execute  and  return,  or  have  the 
same  executed  and  returned  by  a  deputy,  or  deputies ;  and 
in  case  any  witness  so  summoned  shall  fail,  or  refuse  to 
appear  and  testify,  such  witness  shall  suffer  a  penalty  of  ten 

*  See  Note  at  the  end  of  this  book. 


CHOCTAW  NATION.  165 

dollars  for  each  offence,  to  be  collected  by  execution,  unless 
by  a  scire  facias*  such  witness  shall  be  able  to  give  sufficient 
excuse  for  such  non-appearance,  or  such  refusal  to  testify. 

SEC.  6. — Be  ik  further  enacted,  For  every  conviction  under 
this  act,  the  District  Attorney  shall  be  entitled  to  a  fee  of 
five  dollars,  to  be  paid  by  the  person  convicted,  and  on  failure 
to  pay  said  sum,  execution  shall  issue  therefor,  with  the  costs 
of  prosecution. 

SEC.  7. — Be  it  further  enacted,  The  sheriff,  light-horse  men 
and  constables  of  each  and  every  county  of  this  Nation,  are 
hereby  authorized,  upon  suspicion,  without  warrant  for  the 
purpose,  forcibly  to  enter  all  places,  search  for  and  seize, 
break  and  destroy  all  bottles,  barrels,  jugs,  or  any  and  every 
vessel  of  any  description  whatever,  containing  any  liquors 
specified  by  this  act,  and  shall  arrest  and  convey  before  the 
nearest  Justice  of  the  Peace  the  person  or  persons  in  whose 
possession  such  liquors  may  be  found,  which  Justice  of  the 
Peace  shall  bind  such  person  or  persons  after  proper  and 
satisfactory  showing  to  appear  at  the  next  term  of  the  Cir- 
cuit Court  of  his  county,  when  he  shall  report  the  same  to 
the  court  and  Grand  Jury ;  and  for  the  hearing  of  each  one 
of  such  cases,  the  Justice  of  the  Peace  shall  be  entitled  to 
receive  one  dollar,  and  the  sheriff,  light-horse  men  or  con- 
stable two  dollars,  to  be  recovered  upon  conviction  from  the 
offender,  and  upon  his  failure  to  pay  the  same,  it  shall  be 
recovered  by  execution,  with  the  costs  of  prosecution. 

SEC.  8. — Be  it  further  enacted,  That  should  any  person  or 
persons  refuse  to  have  his  or  her  whisky  or  other  intoxicating 
liquors  destroyed  by  taking  up  arms,  and  should  any  one  of 
the  sheriffs,  light-horse  men  or  constables,  or  deputies,  in  self- 
defence,  kill  or  destroy  the  life  of  the  person  or  persons  hav- 
ing whisky,  or  any  intoxicating  liquors,  he  shah"  be  protected 
by  the  laws  of  this  Nation. 

But  should  any  offender  kill  or  destroy  the  life  of  any  per- 

*  See  Note  at  the  end  of  this  book. 


166  LAWS  OF  THE 

son  or  persons  authorized  by  this  jp,ct,  to  destroy  all 
or  other  intoxicating  liquors,  such  person  shall  suffer  death. 
But  should  the  offender  only  destroy,  or  injure  the  property 
or  limbs  of  any  of  the  above-mentioned  officers,  he  or  she 
shall  be  liable  to  a  fine  or  punishment,  to  be  determined  by  . 
the  Circuit  Court  of  the  county  wherein  such  offence  may 
be  committed. 

SEC.  9. — Be  it  further  enacted,*Ihai  if  any  person  or  per- 
sons shall  give  or  barter  any  vinous,  spirituous  or  intoxica- 
ting liquors,  to  any  person  or  persons  within  the  limits  of 
this  Nation,  and  any  person  thereby  be  maimed  or  injured, 
such  person  who  sold,  give,  or  bartered  the  same,  shall  1^ 
liable  to  an  action  in  court,  and  on  conviction,  shall  "He  made 
to  pay  a  fine  of  not  less  than  five,  nor  exceeding  one  hundred 
dollars,  to  the  person  so  maimecf  or  injured,  and  upon  failure 
to  pay  the  said  sum,  execution  shall  issue  therefor,  with  the 
costs  of  prosecution. 

SEC.  10. — Be  it  further  enacted,  All  fines  collected  from  con- 
victions, had,  under  the  preceding  sections  of  this  act,  shall 
be  paid  into  the  treasury  of  the  county  wherein  the  offence 
was  committed,  to  be  expended  for  such  purposes  as  the 
Board  of  Police  thereof  may  direct. 

SEC.  11.  Be  it  further  enacted,  That  all  laws  heretofore 
passed,  prohibiting  the  introduction,  sale,  &c.,  of  whisky,  or 
other  intoxicating  liquors,  shall  remain  in  full  force  until 
sixty  days  after  the  passage  of  this  act,  and  no  longer,  and 
that  this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  October  26, 1857. 


AN  ACT  entitled  an  act  establishing  the  fees  of  certain  officers 
therein  named. 

SEC.  1. — Be  it  enacted  ty  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  it  shall  be  lawful  for  the  Clerks  of  the 


CHOCTAW  NATION.  167 

Circuit  Courts,  Clerks  of  the  Probate  Courts,  Sheriffs,  Con- 
stables, Judges  of  Probate  and  Justices  of  the  Peace  respec- 
tively, to  demand,  receive,  and  take  the  several  fees  herein- 
after mentioned,  and  allowed  for  any  business  by  them  re- 
spectively done,  by  virtue  of  their  several  offices  and  no 
more  ;  that  is  to  say  : 

To  CLEEKS  OP  THE  CIRCUIT  COURT  IN  CIVIL  CASES. 

For  each  writ  other  than  those  hereinafter  mentioned,  sev- 
enty-five cents ;  docketing  each  case  (to  be  charged  but  once), 
twelve  and  a  half  cents ;  filing  all  papers  in  each  case,  twenty- 
fire  cents  ;  entering  its  appearance,  twelve  and  a  half  cents  ; 
entering  each  motion,  rule  of  order,  twelve  and  a  half  cents  ; 
declaration  in  ejectment,  one  dollar ;  entering  non-suit,  discon- 
tinuance or  nolle  prosequi,*  twelve  and  a  half  cents  ;  swearing 
each  witness,  six  and  a  fourth  cents ;  entering  each  con- 
tinuance, twelve  and  a  half  cents ;  venire  facias,^  in  every 
case  tried  by  a  jury,  twelve  and  a  half  cents  ;  scire  facias 
(except  against  jurors  where  excused),  one  dollar ;  swearing 
and  impanneling  every  jury,  twelve  and  a  half  cents ;  receiv- 
ing and  entering  verdict,  twelve  and  a  half  cents ;  entering 
each  judgment  in  court,  twenty- five  cents  ;  each  subpoena,  for 
one  witness,  twenty-five  cents  ;  and  for  every  other  name 
inserted,  six  and  a  fourth  cents ;  entering  surrender  of  prin- 
cipal by  bail,  twenty-five  cents ;  commission  to  take  depo- 
sition, fifty  cents  ;  copies  thereof,  for  every  hundred  words, 
ten  cents  ;  taking  a  recognizance,  fifty  cents ;  each  execution, 
fifty  cents ;  for  certificate  to  witnesses,  each  to  be  taxed  on 
the  bill  of  costs,  twelve  and  a  half  cents ;  each  separate  cer- 
tificate (except  to  jurors),  twenty-five  cents. 

IN  CRIMINAL  CASES. 
For  entering  pending  indictments,  or  filing  information, 

*  See  note  at  the  end  of  this  book.  f  Ibid. 


168  LAWS  OF  THE 

twenty-five  cents  ;  each  writ,  other  than  hereinafter  named, 
fifty  cents  ;  arraigning  prisoner  and  entering  plea,  fifty  cents ; 
taking  recognizance,  fifty  cents ;  swearing  and  impanneling 
every  jury,  twenty-five  cents  ;  entering  judgment  or  verdict, 
each  twenty-five  cents  ;  swearing  every  witness,  six  and  a 
fourth  cents ;  each  subpoena,  with  one  name,  twenty-five 
cents ;  and  for  every  other  name  inserted,  six  and  a  fourth 
cents ;  each  motion,  or  order,  twelve  and  a  half  cents ;  venire 
facias,  in  each  cause  tried,  fifty  cents  ;  all  copies,  each  one 
hundred  words,  ten  cents  ;  each  certificate,  twenty-five  cents. 
For  all  public  services,  not  herein  particularly  provided  for, 
the  clerks  shall,  at  each  term,  exhibit  a  detailed  fee  bill,  to ' 
be  examined  by  the  District  Attorney,  previous  to  allowance 
by  the  Court,  and  the  Court  is  hereby  authorized  to  allow 
the  same,  not  exceeding  ten  dollars,  to  be  paid  out  of  the 
County  Treasury. 

To  CLERKS  OF  THE  PEOBATE  COURT. 

For  like  services  by  them  performed,  the  same  fees  as  are 
by  law  allowed  to  the  Clerks  of  the  Circuit  Courts  : 

For  recording  each  deed,  bill  of  sale  or  other  conveyance, 
for  each  hundred  words,  ten  cents  ;  certifying  the  official 
acts  of  a  Justice  of  the  Peace  or  other  certificate  with  seal, 
fifty  cents ;  registering  the  probate  of  any  will  or  testament 
and  for  letters  testamentary  thereon,  one  dollar ;  recording 
a  will,  testament  or  codicil,  for  every  hundred  words,  ten 
cents  ;  administering  oath  to  executors,  administrators,  col- 
lectors or  guardians,  taking  bond  and  recording  the  same, 
one  dollar  ;  letters  of  administration,  collection  or  guardian- 
ship and  order  granting  the  same,  one  dollar ;  order,  ap- 
pointing appraisers  of  an  estate  and  copy,  fifty  cents  ;  order- 
ing an  inventory  appraisement  for  executors,  administrators, 
collectors  or  guardians'  account,  for  every  hundred  words, 
ten  cents  ;  recording  certificate  of  marriage,  fifty  cents ;  re- 
cording and  filing  officers'  bonds,  one  dollar. 


CHOCTAW  NATION.  169 

To  THE  SHERIFFS. 

For  executing  the  process,  judgment  or  decrees  of  a  Circuit 
Court  and  for  similar  services  in  other  courts  : 

For  copying  execution,  one  dollar ;  entering  each  writ  in 
his  office,  twenty-five  cents ;  returning  execution,  twenty-five 
cents  ;  each  bail  bond  or  recognizance,  fifty  cents  ;  summon- 
ing each  witness,  fifty  cents ;  for  making  deed  to  purchaser, 
two  dollars ;  each  days'  attendance  on  Probate  Court,  two 
dollars  ;  attending  prisoner  on  habeas  corpus,  each  day,  in 
vacation,  two  dollars  ;  each  commitment  or  release,  one  dol- 
lar ;  feeding  a  prisoner,  each  day,  forty  cents  ;  serving  a  dec- 
laration in  ejectment  and  copy  thereof,  one  dollar  ;  taking 
bonds  of  every  kind,  each,  fifty  cents ;  executing  death  war- 
rant, to  be  paid  out  of  the  National  Treasury,  five  dollars ; 
removing  a  prisoner,  every  mile  going  and  returning,  ten 
cents  ;  impanneling  a  jury  in  each  cause  where  a  jury  is 
sworn,  twenty-five  cents  ;  collecting  moneys  by  virtue  of  an 
execution,  for  the  first  one  hundred  dollars,  three  per  cent., 
for  all  sums  above  one  hundred  dollars,  and  not  exceeding 
two  hundred  dollars,  two  per  cent.,  and  for  every  one  hun- 
dred dollars  over  in  said  execution,  one  and  one  half  per 
cent. ;  whipping  person  by  order  of  court,  two  dollars  ;  serv- 
ing an  attachment  for  contempt  and  returning  the  same,  one 
dollar  ;  summoning  a  special  jury,  two  dollars ;  for  impan- 
neling grand  juries,  advertising  and  attending  elections, 
serving  all  public  orders  of .  courts  in  his  county,  and  for  all 
other  public  services  not  otherwise  provided  for,  a  sum  not 
exceeding  twenty  dollars  for  each  year,  to  be  allowed  by  the 
Circuit  Courts,  and  paid  out  of  the  County  Treasury ;  Pro- 
vided, That  no  fees  shall  be  allowed  for  service  of  scire  facias 
against  a  defaulting  juror,  if  not  fined  by  the  court ;  for  exe- 
cuting all  process,  orders,  and  citations  of  Probate  Court,  the 
same  fees  as  are  allowed  for  similar  services  in  a  Circuit 
Court  of  law. 


170  LAWS  OF  THE 

IN  THE   SUPEEME  COURT. 

For  an  arrest,  one  dollar ;  docketing  process  and  return 
thereof,  twenty-five  cents ;  serving  scire  facias  or  summons, 
fifty  cents.  For  all  other  services  required  by  the  Sheriff  in 
the  Supreme  Court,  the  fees  shall  be  the  same  as  are  allowed 
for  similar  services  in  the  Circuit  Courts. 

To  JUDGES  OF  PROBATES. 

For  examining,  reporting  and  stating  each  account  of  an 
executor,  administrator,  collector  or  guardian,  for  the  first 
sheet,  one  dollar ;  every  sheet  more  than  one  contained  in 
each  account,  fifty  cents  ;  each  order  for  advertising,  issuing 
citations  or  other  notice  or  process,  fifty  cents  ;  each  order 
for  the  appointment  of  commissioners  or  the  representation 
of  an  estate  being  insolvent,  one  dollar  ;  apportionment  of 
an  insolvent  estate  among  creditors,  one  dollar  and  fifty 
cents  ;  granting  letters  testamentary,  letters  of  administra- 
tion or  guardianship,  seventy-five  cents  ;  examining  and  al- 
lowing each  claim  against  estate  of  a  deceased  person,  twelve 
and  a  half  cents. 

To  JUSTICES  OF  THE  PEACE. 

For  celebrating  the  rites  of  matrimony  and  certificate 
thereof,  two  dollars ;  each  mittemus  or  recognizance,  twenty- 
five  cents ;  each  warrant  in  criminal  cases,  fifty  cents  ;  each 
subpoena,  twenty-five  cents ;  warrant  or  summons  in  civil 
case,  twenty-five  cents ;  proceeding  thereon  to  judgment, 
twenty-five  cents  ;  each  execution,  twenty-five  cents  ;  each 
appeal  with  the  proceedings,  bond,  and  certificate,  one  dol- 
lar ;  each  certificate  not  otherwise  provided  for,  twenty-five 
cents  ;  taking  deposition,  each  one  hundred  words,  ten  cents  ; 
each  affidavit,  not  otherwise  provided  for,  twelve  and  a  half 
cents  ;  issuing  commission  to  take  deposition  in  each  cause, 
twenty-five  cents ;  taking  the  proof  of  any  deed,  mortgage, 


CHOCTAW  NATION.  171 

or  other  instrument  of  writing,  fifty  cents ;  for  any  and  all 
services  as  a  notary  public,  in  all  cases,  two  dollars. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,"  in  any  manner,  coming  in  conflict  with 
this  act,  be  and  the  same  are  hereby  repealed,  and  that  this 
act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  3, 1857. 


ACTS   AND    EESOLUTIONS 

PASSED  AT  THE 

CALLED  SESSION  IN  APRIL,  1858. 

AN  ACT  entitled  an  Act  altering  and  defining  the  boundaries 
of  Jack's  Fork  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  Act  passed  session  17th,  1850,  Sec.  3d,  Sub- 
Sec.  3d,  shall  be  so  amended  as  to  read  thus : 

The  Jack's  Fork  county  line  shall  commence  on  Muddy 
Boggy  at  the  mouth  of  Oskitalaya  or  Ishtehekubbee's  creek, 
thence  up  said  creek  along  the  Kiamichi  county  line  to  the 
source  of  Beaver  dam  ;  thence  down  said  Beaver  dam  to  Kia- 
michi stream,  thence  north  and  west  along  the  Pusharnataha 
District  boundary  to  where  the  same  crosses  the  road  lead- 
ing from  Fort  Smith  to  Fort  "Washita  ;  thence  along  the  said 
road  to  the  Muddy  fork  or  Middle  fork  of  Boggy ;  thence 
down  said  stream  to  the  beginning. 

Approved,  April  16th,  1858. 


AN  ACT  entitled  an  act  regulating  the  manner  of  constituting 
Juries  and  establishing  the  pay  of  Jurors. 

SEC.  1. — Be  it  enacted  by  the  General  Ccvr.cil  of  the  Clioctaw 


172  LAWS  OF  THE 

Nation,  That  from  and  after  the  passage  of  this  act,  all  courts 
before  whom  juries  are  required,  may  order  the  Sheriff  or 
other  officer  to  summon  a  sufficient  number  of  jurors. 

SEC  2. — -Be  it  further  enacted,  From  and  after  the  passage  of 
this  act,  it  shall  be  the  duty  of  the  Police  Court  of  each 
county,  at  the  first  term  of  such  court,  after  the  adjournment 
of  the  Circuit  Court,  to  make  out  and  cause  to  be  delivered 
to  the  Sheriff  a  list  of  not  less  than  nineteen,  nor  mofe  than 
twenty-two  persons,  qualified  to  serve  as  jurors,  and  residents 
of  the  county  for  which  they  are  summoned,  and  it  shall  be 
the  duty  of  the  Sheriff  to  summon  such  jurors  at  least  twenty 
days  before  the  next  term  of  the  Circuit  Court  to  be  held  in 
and  for  the  county,  to  appear  on  the  first  day  of  said  term, 
to  serve  as  grand  and  petit  jurors. 

SEC.  3. — Be  it  further  enacted,  If  the  term  of  the  Police  Court 
in  any  county,  at  which  jurors  ought  to  be  selected,  shall  not 
be  held,  it  shall  be  the  duty  of  the  Sheriff,  at  least  twenty 
days  before  the  next  term  of  the  Circuit  Court  of  said 
county,  to  summon  not  less  than  nineteen  nor  more  than 
twenty-two  persons  qualified  to  serve  as  jurors  who  shall  ap- 
pear at  the  first  day  of  said  court. 

SEC.  4. — Be  it  further  enacted,  That  if  nineteen  of  the  jurors 
summoned  to  serve  as  jurors,  shall  not  attend  on  the  first  day 
of  the  Circuit  Court,  such  court  shall  order  the  Sheriff,  or  his 
deputy,  forthwith  to  summon  a  sufficient  number  of  persons 
qualified  to  serve  as  jurors,  to  supply  the  deficiency. 

SEC.  5. — Be  it  further  enacted,  That  every  juror  shall  be  a 
free  citizen  of  the  Choctaw  Nation,  over  the  age  of  twenty-one 
years,  resident  of  the  county,  and  otherwise  qualified  accord- 
ing to  law. 

SEC.  6. — Be  it  further  enacted,  That  every  juror  shall  be  sum- 
moned by  the  Sheriff  or  other  officer,  either  personally  or  by 
a  written  notice  left  at  the  residence  of  such  juror. 

SEC.  7. — Be  it  further  enacted,  Any  grand  juror  may  be  in- 
dicted by  the  grand  jury  of  which  he  is  a  member,  but  when 


CHOCTAW  NATION.  173 

any  complaint  shall  be  lodged  against  a  grand  juror,  the 
foreman  shall  inform  the  Attorney  for  the  district  thereof,  and 
if,  on  examination,  there  are  grounds  for  proceedings  against 
such  juror,  he  shall  inform  the  court  thereof,  and  the  court 
shall  discharge  such  juror  and  cause  another  to  be  sum- 
moned, if  necessary. 

SEC.  8. — Be  it  further  enacted,  That  from  the  number  of  jurors 
summoned  as  aforesaid,  and  attending  any  Circuit  Court,  the 
Clerk  of  said  court  and  the  Sheriff  shall  draw  alternately,  by 
lot,  seven  persons  who  shall  constitute  the  grand  jury  to  serve 
during  the  term  for  which  they  are  summoned,  who  shall  be 
sworn  to  inquire  into  and  present  to  the  District  Attorney  all 
treasons,  murders,  felonies,  or  misdemeanors  against  the  laws 
of  this  Nation,  within  their  respective  counties,, 

SEC.  9. — Be  it  further  enacted,  That  from  the  whole  number 
of  grand  jurors,  the  court  shall  appoint  a  foreman,  and  a 
concurrence  of  five  out  of  seven  shall,  in  every  case,  be  ne- 
cessary for  the  indictment  of  any  person  for  violating  the 
laws  of  this  Nation. 

SEC.  10. — Be  it  further  enacted,  That  the  grand  jurors,  when 
sitting  for  that  purpose,  shall  have  power  to  summon  any 
person  or  persons  as  witnesses,  in  cases  of  offences  against 
the  laws  of  this  Nation,  and  the  Sheriff,  or  his  deputy,  shall 
be  subjected  to  their  orders  to  cause  the  attendance  of  such 
witnesses. 

SEC.  11. — Be  it  further  enacted,  That  the  remaining  jurors, 
after  the  grand  jury  shall  have  been  constituted  as  required 
in  this  act,  shall  constitute  the  petit  jury,  and  shall  set  for 
the  trial  of  all  cases  that  may  come  before  the  Circuit  Court 
at  the  time  for  which  they  were  summoned  to  attend,  under 
the  following  rules  and  regulations,  viz.  :  The  names  of  the 
petit  jurors  shall  be  written  down,  and  the  clerk  shall  present 
the  list  to  the  defendant  and  plaintiff,  and  each  party  shall 
be  entitled  to  three  peremptory  challenges ;  and  the  court 
shall  order  the  Sheriff,  or  his  deputy,  to  summon  other  suit- 


174  LAWS  OF  THE 

able  persons  to  serve  as  jurors  subject  to  rejection,  by  either 
party,  alternately,  the  defendant  having  the  first  right  to  ob- 
ject ;  Provided,  sufficient  cause  be  shown  the  court  for  such 
rejection,  and  the  court  shall  continue  to  cause  suitable  per- 
sons to  be  summoned  as  jurors  until  twelve  jurors  shall  be 
impanneled. 

SEC.  12. — Be  it  further  enacted,  That  no  person  shall  serve 
as  a  petit  juror  who  is  related  to  either  party  to  a  suit  within 
the  fourth  degree  of  consanguinity  or  affinity,  unless  by  the 
consent  of  both  parties. 

SEC.  13. — Be  it  further  enacted,  That  no  exception  against 
any  juror  on  account  of  his  citizenship,  non-residence,  age, 
or  other  disability,  shall  be  allowed  after  the  juries  are 
sworn. 

SEC.  14. — Be  it  further  enacted,  That  the  following  oath  shall 
be  administered  to  all  petit  jurors  :  "  You  and  each  of  you  do 
swear  that  you  will  well  and  truly  try  the  issue  of  the  case 
now  before  you  and  a  true  verdict  give  according  to  law  and 
evidence,  unless  dismissed  by  the  court  or  withdrawn  by 
either  of  the  parties." 

SEC.  15. — Be  it  furtJier  enacted,  That  the  service  of  jurors 
shall  be  equalized  as  nearly  as  practicable  among  the  citizens 
liable  to  be  summoned  as  jurors,  and  grand  jurors  shall  not 
be  compelled  to  serve  as  petit  jurors  during  the  same  term. 

SEC.  16.  Be  it  further  enactd,  That  all  jurymen  summoned 
according  to  the  provisions  of  this  act,  shall  be  entitled  to 
receive  three  cents  per  mile,  going  to  and  returning  from 
court,  and  fifty  cents  per  day,  to  be  paid  out  of  the  county 
treasury,  excepting  those  jurors  who  shall  serve  on  civil 
cases,  whose  fees  shall  be  paid  by  the  party  or  parties  losing 
the  suit,  and  the  same  shall  be  attached  to  the  bill  of  costs. 

SEC.  17. — Be  it  fiwther  enacted,  That  all  acts  or  parts  of  acts 
in  anywise  conflicting  with  the  provisions  of  this  act  be  and 
the  same  are  hereby  repealed. 

Approved  16th  April,  1858. 


CHOCTAW  NATION.  175 

"">• 

ACTS  AND  EESOLUTIONS 

PASSED  AT  THE 
CALLED  SESSION  IN  JUNE,  1858. 

AN  ACT  entitled  an  act  to  prevent  the  holding  of  unlawful 
Elections  and  prescribing  the  penalty  therefor. 

SEC.  1.— Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation,  That  any  person  or  persons  who  shall  order  or  direct, 
or  who  may  be  engaged  as  judge,  clerk,  sheriff,  or  returning 
officer,  or  in  any  other  capacity,  at  any  election  in  the  Na- 
tion, held  by  direction  of  any  person  other  than  an  officer 
duly  elected,  qualified,  and  so  empowered  under  the  present 
government,  or  under  any  law  not  legally  passed  by  the 
proper  and  regularly  constituted  law-making  power  of  this 
Nation,  or  at  such  times  and  places  as  in  like  manner  pre- 
scribed, shall  upon  conviction  by  indictment,  before  the  Cir- 
cuit Court,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
fined  in  a  sum  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and  also,  be  imprisoned  in  the 
county  jail  .of  any  county  the  court  may  direct,  for  a  term  not 
less  than  sis  months  nor  more  than  twelve  months,  at  the  dis- 
cretion of  the  court. 

SEC.  2. — Be  it  further  enacted,  That  all  fines  thus  collected 
shall  be  paid,  one  half  to  the  informer  and  the  other  half  to 
the  proper  county  for  county  purposes. 

SEC.  3. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  19th  June,  1858. 


176  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  appropriate  a  certain  sum  of  money 
for  Ishkitini  Humma. 

SEC.  1. — Be  it  enacted  ~by  the  General  Council  of  the  Choctaio 
Nation,  That  the  sum  of  seventeen  dollars  is  hereby  appro- 
priated, to  be  paid  to  Ishkitini  Humma  for  serving  as  light- 
horse  man  from  the  5th  day  of  April  to  June  7th  1858,  out 
of  the  National  Treasury,  and  the  National  Auditor  is  here- 
by directed  to  issue  his  warrant  on  the  National  Treasury 
for  the  same. 

Approved  19th  June,  1858. 


AN  ACT  entitled  an  act  authorizing  the  Governor  to  have  the 
laws  translated  and  printed  in  the  Choctaw  language. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation,  That  the  Governor  of  this  Nation  is  hereby  requested 
and  authorized  to  employ  J.  E.  Dwight,  to  finish  the  transla- 
tion of  the  laws  of  1857,  together  with  the  laws  of  1858,  up 
to  the  date  of  the  adjournment  of  the  present  session,  from 
the  English  into  the  Choctaw  language,  and  to  superintend 
the  correction  of  proofs  as  the  same  are  printed,  and  shall 
allow  him  as  a  compensation  for  such  services,  the  sum  of 
one  hundred  and  fifty  dollars  ;  besides  his  necessary  ex- 
penses, to  be  paid  out  of  the  Treasury  of  the  Nation,  upon 
his  written  order,  upon  the  back  of  said  Dwight's  account  for 
services  and  expenses,  when  the  National  Auditor  shall  issue 
his  warrant  upon  the  National  Treasurer  who  is  hereby 
directed  to  pay  the  same. 

SEC.  2. — Be  it  further  enacted,  That  the  Governor  is  hereby 
authorized  and  instructed  to  have  four  hundred  copies  of  the 
Constitution,  and  all  the  laws  passed  from  October  1857.  to 
the  close  of  the  present  session,  printed  in  pamphlet  form,  in 
the  Choctaw  language,  as  soon  as  practicable,  and  is  hereby 
further  directed  and  empowered  to  pay  for  the  same  out  of 


CHOCTAW   NATION.  177 

any  funds  in  the  treasury,  upon  presentation  of  the  account 
therefor,  and  the  National  Auditor  is  directed  to  issue  his 
warrant  for  such  sum,  and  the  National  Treasurer  is  directed 
to  pay  the  same. 

SEC.  3. — Be  it  further  enacted,  That  when  the  Governor,  or 
National  Secretary,  shall  receive  said  copies  of  the  laws,  they 
are  hereby  directed  to  distribute  them  as  heretofore  directed 
by  law  in  such  cases. 

SEC.  4. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  19th  June,  1858. 


AN  ACT  entitled  an  act  to  compensate  Theodore  "YVatkins  for 
the  use  of  his  house  for  the  meeting  of  the  Senate. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  sum  of  thirty  dollars,  be  and  the  same  is 
hereby  appropriated,  out  of  any  funds  not  otherwise  appro- 
priated, to  be  paid  to  Theodore  Watkins  for  the  use  of  his 
house  by  the  Senate,  during  the  sessions  of  April  and  June, 
1858,  and  the  Auditor  is  hereby  authorized  to  issue  a  warrant 
for  the  same. 

Approved  19th  June,  1858. 


ACTS  AND  RESOLUTIONS 

PASSED  AT  THE 
REGULAR  SESSION  EN  OCTOBER,  1858 

Eesolution  directing  the  removal  of  Creek  Indians  beyond 
the  limits  of  this  Nation. 

Eesdved  by  the  General  Council  of  the  Choctaiv  Nation,  That 
the  Governor  of  the  Choctaw  Nation  be  requested  to  call 

12 


178  LAWS  OF  THE 

upon  the  United  States  Agent,  Gen.  D.  H.  Cooper,  agreea- 
bly to  the  intention  of  the  seventh  article  of  the  Treaty  of 
1855,  that  he  may  cause  the  speedy  removal  of  any  Creek 
Indians  settling  within  the  limits  of  this  Nation,  without  per- 
mission from  the  General  Council  and  embarking  in  the 
traffic  of  spirituous  liquors. 
Approved  llth  October,  1858. 


AN  ACT  entitled  an  act  conferring  citizenship  upon  certain 
Beluksha  Indians  therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation,  That  the  following  named  individuals  with  their 
iamilies,  of  the  Beluksha  clan  of  people,  viz.  : 

Oakchatubbee  and  seven  in  his  family. 
Coochahtubbee  and  four  in  his  family. 
Sockayubbee. 

Chuffahtiyubbee  and  one  in  the  family. 
Oaklachukmubbee  and  one  in  the  family. 
Chakta  and  six  in  the  family. 
Watunla  and  seven  in  the  family. 
Ibbafohkatubbee  and  three  in  the  family. 
Tuckchetubbee  and  four  in  the  family. 
"Washasha  and  five  in  the  family. 
Toolapasa  and  one  in  the  family. 
Hoyosipokna  and  five  in  the  family. 
Apernik  and  two  in  the  family. 
James  and  two  in  the  family. 
Hulbona  and  two  in  the  family. 
Showita  and  two  in  the  family. 
Noushka  and  one  in  the  family. 
Atochubbee  and  two  in  the  family. 
Yoko  and  two  in  the  family. 
Polohoka,  James  and  six  in  his  family. 


CHOCTAW   NATION.  179 

Anooksita  and  five  in  his  family, 
and  Atukchia  and  three  in  his  family. 

in  all  ninety-four  souls,  be  and  the  same  are  hereby  admitted 
to  all  the  rights,  privileges,  immunities,  and  franchises  as 
Choctaw  citizens,  in  as  full  a  manner  as  it  is  in  the  power  of 
the  General  Council  of  the  Choctaw  Nation  to  confer  the 
same. 
Approved  12th  October,  1858. 


RESOLUTION  denying  the  petition  of  Jno.  M.  Wilson  and  others 
asking  certain  privileges. 

Besolved  by  the  General  Council  of  the  Choctaw  Nation,  That 
the  petition  of  John  M.  "Wilson,  Wm.  M.  Floyd,  and  John  S. 
Houston  asking  the  privilege  of  colonizing  the  "  leased  ter- 
ritory," having  been  duly  considered,  it  is  declared  hereby 
to  be  impolitic  to  give  any  assurance  or  encouragement  to  the 
petitioners  and  respectfully  request  the  Governor  of  this 
Nation  to  inform  the  said  petitioners  that  the  General  Coun- 
cil deem  it  inexpedient  to  grant  their  request. 

Approved  13th  October,  1858. 


AN  ACT  entitled  an  act  directing  payment  to  Joseph  Smed- 
ley  of  a  certain  sum  of  money. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation,  That  the  sum  of  $166,50  with  interest,  $159,84— total 
$326,34,  be  and  the  same  is  hereby  appropriated,  out  of  any 
mxmeys  in  the  Treasury  of  the  Nation,  not  otherwise  appro- 
priated, as  arrearages  due  Joseph  Smedley,  as  teacher  of  the 
District  School  in  Musholatubbee  District,  provided  for  under 
the  Treaty  of  Dancing  Rabbit  Creek. 

Approved  15th  October,  1858. 


180  LAWS  OF   THE 

AN  ACT  entitled  an  act  appropriating  certain  money  for  the 
benefit  of  the  heirs  of  John  Lewis,  deceased. 

SEC.  1.  — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  sum  of  one  thousand  dollars,  be  and  the 
same  are  hereby  set  apart  and  appropriated,  out  of  any 
money  in  the  Treasury  of  the  Nation,  not  otherwise  appro- 
priated, for  the  benefit  of  the  heirs  of  John  Lewis,  deceased, 
in  full  compensation  to  said  heirs,  for  a  negro  woman  and 
child,  illegally  taken  from  said  Lewis  in  his  lifetime,  by  au- 
thority of  George  Folsom,  then  chief  of  Pushamataha  Dis- 
trict, and  that  the  National  Auditor  be  hereby  directed  to  issue 
his  warrant  therefor,  upon  presentation  of  the  Governor's 
written  order,  and  that  the  Treasurer  is  hereby  directed  to 
pay  the  same. 

Approved,  21st  October  1858. 


AN  ACT  entitled  an  act  appropriating  a  certain  sum  of  money 
for  the  purpose  of  aiding  Thomas  J.  Bond  to  discharge 
obligations  incurred  by  him  in  the  pursuit  of  a  medical 
education. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  Superintendent  of  Trustees,  be  and  is  hereby 
authorized  and  required  to  draw  the  sum  of  Five  IJundred 
Dollars  out  of  the  interest  accruing  from  the  sum  of  $98,379,79, 
invested  for  the  support  of  forty  youths  in  the  States,  and  to 
pay  the  same  to  Thos.  J.  Bond,  for  the  purpose  of  enabling 
him  to  discharge  obligations  incurred  by  him  in  the  pursuit 
of  his  medical  education. 

Approved,  22d  October,  1858. 


EEPORT  of  Special  Committee  of  the  Council  and  accompany- 
ing act  entitled  an  act  appropriting  certain  sums  of  money 
to  the  Delegation  to  Washington  City. 

Your  committee  to  whom  was  referred  the  petition  of  .S. 


CHOCTAW  NATION.  .  181 

Garland,  one  of  the  delegates  to  "Washington,  asking  the 
Council  to  appropriate  any  surplus  money  remaining  in  the 
Treasury  of  the  Nation,  not  otherwise  appropriated,  after 
meeting  the  expenditures  of  the  ensuing  fiscal  year,  in  order 
to  enable  the  delegation  to  prosecute  the  claims  of  the  Nation 
at  Washington,  have  taken  the  same  under  deliberation  and 
beg  leave  to  report,  that  as  it  is  very  important  that  our  dele- 
gates should  proceed  to  Washington,  at  as  early  a  day  as 
possible,  to  be  there  at  the  meeting  of  Congress,  to  press  the 
claims  of  the  Nation.  We  would  therefore,  respectfully 
recommend,  that  the  Council  set  apart  from  the  National  funds, 
for  that  object,  the  sum  of  eleven  thousand  dollars,  as  an  ad- 
vance made  the  Delegates  by  the  Nation,  say  two  thousand 
dollars  each  to  P.  P.  Pitchlynn,  P.  Folsom  and  Israel  Folsom, 
and  five  thousand  dollars  to  S.  Garland,  to  enable  him  to 
settle  with  Mr.  Thompson  McKinney;  the  said  McKinney 
thereby  forever  releasing  the  Nation  from  any  further  claim 
on  his  part  for  attending  to  arrearages  of  annuities;  and 
would  recommend  the  passage  by  the  General  Council  of  the 
following  bill,  viz : 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  sum  of  eleven  thousand  dollars,  viz :  two 
thousand  dollars  to  P.  P.  Pitchlynn,  two  thousond  dollars  to 
Israel  Folsom,  two  thousand  dollars  to  P.  Folsom,  and  five 
thousand  dollars  to  S.  Garland,  to  enable  him  to  settle  with 
McKinney,  be  set  apart  and  appropriated  out  of  any  money 
in  the  National  Treasury  not  otherwise  appropriated,  for  per- 
sonal expenses  whilst  at  Washington,  as  delegates  prosecut- 
ing the  claims  of  the  Nation,  and  upon  presentation  of  their 
accounts  to  the  National  Auditor  he  is  hereby  directed  to 
issue  his  warrants  on  the  National  Treasury  for  said  sums  of 
money. 

Approved,  22d  October,  1858. 


182  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  define  the  crime  of  kidnapping  and 
declaring  the  penalty  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation,  That  every  person  who  shall  without  lawful  authority, 
forcibly  seize  and  confine  any  other,  or  shall  inveigle  or  kid- 
nap any  other,  with  intent  either  to  cause  such  other  person 
to  be  secretly  confined  or  imprisoned  in  this  Nation,  against 
his  will,  or  to  cause  such  other  person  to  be  sent  out  of  this 
Nation  against  his  or  her  will ;  or  to  cause  such  other  person 
to  be  sold  as  a  slave,  or  to  be  deprived  of  his  liberty,  or  in 
any  way  held  to  service  against  his  or  her  will,  shall  upon 
conviction,  be  punished  by  being  branded  with  the  letter  T 
on  the  forehead  and  receive  one  hundred  lashes  well  laid  on 
the  bare  back. 

SEC.  2. — Be  it  further  enacted,  That  every  offence  prohibited 
in  the  last  section  may  be  tried  either  in  the  county  where 
the  same  may  have  been  committed  or  in  any  county  into,  or 
through  which,  any  person  so  kidnapped  or  confined,  shall 
have  been  taken  while  under  such  confinement. 

SEC.  3. — Be  it  further  enacted,  That  upon  the  trial  of  any 
such  offence,  the  consent  of  the  person  so  kidnapped  or  con- 
fined, shall  not  be  a  defence  unless  it  appear  satisfactorily  to 
the  jury  that  such  consent  was  not  extorted  by  threats  or 
duress. 

SEC.  4. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  23d  October,  1858. 


AN  ACT  entitled  an  act  declaring  the  punishment  for  cruelty 

to  live  stock  and  injury  and  destruction  of  property. 
SEC  1. —  Be  it  enacted  by  the  General  Council  of  the  Choctaw^ 


CHOCTAW  NATION.  183 

Nation,  That  any  person  who  shall  maliciously,  either  out  of 
a  spirit  of  revenge,  or  wanton  cruelty,  or  who  shall  mischiev- 
ously, kill,  maim,  or  wound  any  horse,  mare,  gelding,  mule, 
sheep,  cattle,  hog,  poultry,  or  other  live  stock,  or  cause  any 
person  to  do  the  same,  shall  be  fined  in  any  sum  not  less  than 
fifty  dollars  and  receive  thirty-nine  lashes  well  laid  on  the 
bare  back. 

SEC.  2. — Be  it  further  enacted,  That  every  person  who  shall 
maliciously  or  mischievously  destroy,  disfigure,  or  injure,  or 
cause  to  be  destroyed  or  injured,  any  property  of  another, 
either  personal  or  tenements,  shall  be  deemed  guilty  of  ma- 
licious mischief,  and  upon  conviction  thereof  shall  be  fined  in 
a  sum  two-fold  the  value  of  the  property  destroyed  or  the 
damage  done  and  receive  thirty-nine  lashes  well  laid  on  the 
bare  back. 

SEC.  3. — Be  it<  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  this  act  shall  take  effect  from  and  after  its  passage. 

Approved  23d  October,  1858. 

AN  ACT  entitled  an  act  to  appropriate  certain  moneys  for 
the  support  of  neighborhood  schools  in  Apukshunubbee 
District. 

SEC.  1. — Be  it  enacted  ly  the  General  Council  of  the  Choctaw 
Nation,  That  the  sum  of  twenty-five  hundred  dollars,  be  and 
the  same  is  hereby  appropriated,  out  of  the  National  Fund 
for  the  support  of  neighborhood  and  Sunday  schools,  in 
Apuckshunubbee  District,  Choctaw  Nation. 

SEC.  2.— Be  it  further  enacted,  That  the  National  Auditor 
of  the  Choctaw  Nation,  be  and  he  is  hereby  required  to  issue 
his  warrant  on  the  National  Treasurer  of  the  Choctaw  Na- 
tion, in  favor  of  the  Trustee  for  schools  for  said  District,  for 
the  aforementioned  sum  of  twenty-five  hundred  dollars. 


184  LAWS  OP  THE 

SEC.  3. — Be  it  further  enacted,  That  the  Trustee  of  schools 
for  Apuckshunubbee  District,  be  and  he  is  hereby  required 
to  present  to  the  next  General  Council  a  full  report  of  the 
mode  and  manner  of  disbursement  of  the  aforementioned 
sum  and  the  state  of  the  schools  under  his  care. 

SEC.  4. — Be  it  further  enacted,  That  no  portion  of  the 
amount  appropriated  under  this  act  shall  be  used  for  any 
other  purpose  than  the  support  of  neighborhood  and  Sunday 
schools  within  and  for  the  District  aforesaid. 

SEC.  5. — Be  it  further  enacted,  That  the  foregoing  act  shall 
be  in  force  from  and  after  its  passage. 

Approved  23d  October,  1858. 


AN  ACT  entitled  an  act  to  amend  Section  seventeen  of  an  act 
passed  at  Session  sixteen. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  act  passed  Session  sixteen,  Section  seven- 
teen be  amended  as  to  read  thus :  That  John  McGilbery, 
Lipscomb  McGilbery,  Betty  McGilbery,  Susan  McGilbery, 
Betsey  McGilbery,  John  McGilbery,  Jr.,  of  the  Creek  Na- 
tion, are  hereby  allowed  citizenship  in  as  full  a  manner  as  it 
is  in  the  power  of  the  General  Council  to  confer  the  same. 

Approved  21st  October,  1858. 


AN  ACT  entitled  an  act  to  define  the  crimes   of  treason  and 
murder  and  declaring  the  punishment  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation,  That  levying  war  against  this  Nation  or  adhering  to 
its  enemies  giving  them  aid  and  comfort,  shall  be  deemed 
and  adjudged  treason  against  this  Nation,  and  shall  be  pun- 
ished with  'death  upon  conviction  thereof. 


CHOCTAW  NATION.  •    185 

SEC.  2. — Be  it  further  enacted,  That  no  person  shall  be  con- 
victed of  treason  against  this  Nation  unless  upon  the  testi- 
mony of  two  witnesses  to  the  same  overt  act  or  on  his  own 
confession  in  open  court. 

SEC.  3. — Be  it  further  enacted,  That  the  killing  of  a  human 
being  witnout  the  authority  of  law,  by  any  means,  or  in  any 
manner,  shall  be  murder  in  the  following  cases  :— 

When  done  with  deliberate  design  to  effect  the  death  of 
the  person  killed  or  of  any  human  being. 

When  done  in  the  commission  of  an  act  eminently  danger- 
ous to  others,  and  evincing  a  depraved  heart,  regardless  of 
human  life,  although  without  any  premeditated  design  to 
effect  the  death  of  any  particular  individual. 

When  done  without  any  design  to  effect  death,  by  any  per- 
son engaged  in  the  commission  of  the  crime  of  rape,  bur- 
glary, arson,  or  robbery,  or  in  an  attempt  to  commit  such 
felonies. 

SEC.  4. — Be  it  further  enacted,  That  every  person  who  shall 
be  convicted  of  murder,  shall  suffer  death, 

SEC.  5. — Beitfurtlier  enacted,  That  the  killing  of  a  human 
being,  by  the  act,  procurement,  or  admission  of  another,  shall 
be  justifiable  in  the  following  cases : — 

When  committed  by  public  officers,  or  those  acting  by  their 
command,  in  their  aid  and  assistance,  in  obedience  to  any 
judgment  of  a  competent  court ;  or, 

When  necessarily  committed  in  overcoming  actual  resist- 
ance to  the  execution  of  some  legal  process,  or  to  the  dis- 
charge of  any  other  legal  duty  ;  or, 

When  necessarily  committed  in  retaking  any  felon  who  has 
been  rescued,  or  has  escaped  ;  or, 

When  necessarily  committed  in  arresting  any  felon  fleeing 
from  justice. 

Such  homicide  or  murder  shall  also  be  justifiable  when 
committed  by  any  person  : 

In  resisting  any  attempt  unlawfully  to  kill  such  person  or 


186  LAWS  OF  THE 

to  commit  any  felony  upon  him,  or  upon,  or  in,  any  dwelling- 
house  in  which  said  person  shall  be ;  or, 

When  committed  in  the  lawful  defence  of  such  person  or 
any  other  human  being,  where  there  shall  be  reasonable 
ground  to  apprehend  a  design  to  commit  a  felony,  or  to  do 
some  great  personal  injury,  and  there  shall  be  imminent 
danger  of  such  design  being  accomplished  ;  or, 

When  necessarily  committed  in  attempting  by  lawful  ways 
and  means,  to  apprehend  any  person  for  any  felony  commit- 
ted, or  in  lawfully  suppressing  any  riot,  or  in  lawfully  keep- 
ing and  preserving  the  peace. 

SEC.  6. — Be  it  further  enacted,  That  the  killing  of  a  human 
being  by  the  act,  procurement,  or  omission  of  another,  shall 
be  excusable  when  committed  : 

By  accident  and  misfortune,  in  lawfully  correcting  a  child 
or  servant,  or  in  doing  any  other  lawful  act  by  lawful  means, 
with  usual  ordinary  caution,  and  without  any  unlawful  in- 
tent ;  or, 

By  accident  and  misfortune,  in  the  heat  of  passion,  upon 
any  sudden  and  sufficient  provocation,  or  upon  any  sudden 
combat,  without  any  undue  advantage  being  taken,  and  with- 
out any  dangerous  weapon  being  used,  and  not  done  in  a 
cruel  or  unusual  manner. 

SEC.  7. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act ;  particularly  an  act  denning  the  crime 
of  murder  and  declaring  its  punishment,  approved  October 
12th,  1848,  page  60,  printed  laws  of  1852,  be  and  the  samo 
are  hereby  repealed,  and  that  this  act  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved,  23d  October,  1858. 


CHOCTAW  NATION.  187 

AN  ACT  entitled  an  act  defining  the  crime  of  Larceny  and 
declaring  the  punishment  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  every  person  who  shall  be  convicted  of  taking 
and  carrying  away,  feloniously,  the  personal  property  of  an- 
other, of  the  value  of  twenty-five  dollars,  or  more,  shall  be 
guilty  of  grand  larceny,  and  shall  return  such  property  or 
pay  the  value  thereof  and  shall  receive  one  hundred  lashes 
well  laid  on  the  bare  back,  and  on  conviction  of  a  second 
offence  of  horse-stealing,  shall  suffer  death  by  hanging. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  shall 
feloniously  take,  steal,  and  carry  away,  any  personal  property 
of  another,  under  the  value  of  twenty-five  dollars,  he  shall  be 
deemed  guilty  of  petit  larceny,  and  shall  return  or  pay  for 
the  property  so  stolen,  and  shall  receive  not  more  than  one 
hundred  lashes,  at  the  discretion  of  the  court. 

SEC.  3. — Be  it  further  enacted,  That  the  stealing  and  carry- 
ing away,  or  fraudulently  withdrawing,  concealing,  or  de- 
stroying, or  taking  away,  by  any  person,  any  record,  paper, 
or  proceeding  of  a  court  of  justice,  or  any  paper  or  proceed- 
ing filed  or  deposited  with  any  officer,  or  in  any  public  office, 
shall  be  deemed  larceny,  without  reference  to  the  value  of  the 
record,  paper,  or  proceeding,  so  stolen,  taken  away  or  de- 
stroyed, and  shall  receive  thirty-nine  lashes  well  laid  on  the 
bare  back. 

SEC.  4. — Be  it  further  enacted,  That  the  buying,  or  receiv- 
ing, in  any  manner,  or  on  any  consideration,  any  personal 
property  of  any  value,  feloniously  taken  away  from  another, 
knowing  the  same  to  have  been  so  taken,  shall  receive  one 
hundred  lashes  well  laid  on  the  bare  back. 

SEC.  5. — Be  it  further  enacted,  That  if  any  person  shall  be 
guilty  of  stealing,  or  selling  any  free  person  for  a  slave, 
knowing  the  said  person,  stolen  or  sold,  to  be  free,  and  shall 
thereof  be  convicted,  such  person  shall  receive  one  hundred 
lashes,  well  laid  on  the  bare  back. 


188  LAWS  OF  THE 

SEC.  6. — Be  it  further  enacted,  That  if  any  person  shall  be 
guilty  of  stealing  or  selling  any  stray  animal,  knowing  the 
said  animal  stolen  or  sold,  to  be  a  stray,  and  shall  thereof  be 
convicted,  shall  be  deemed  guilty  of  larceny,  without  refer- 
ence to  the  value  of  such  animal,  and  shall  receive  one  hun- 
dred lashes  well  laid  on  the  bare  back. 

SEC.  7. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  particularly  the  acts  approved  October, 
1834,  "Punishing  theft,"  and  the  act  approved  November 
17th,  1855,  "  in  relation  to  stealing  negroes  and  other  prop- 
erty," coming  in  any  manner  in  conflict  with  the  provisions 
of  this  act  be  and  the  same  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  26th  October,  1858. 


AN  ACT  entitled  an  act  to  define  the  crime  of  Manslaughter, 
and  affix  the  penalty  therefor. 

SEC.  1. — Be  it  enacted  by  the,  General  Council  of  the  Chodaw 
Nation,  That  the  killing  of  a  human  being  without  malice,  by 
the  act,  procurement,  or  culpable  negligence  of  another, 
while  such  other  is  engaged  in  the  perpetration  of  any  felony, 
except  rape,  burglary,  arson,  or  robbery  ;  or, 

While  such  other  is  attempting  to  commit  any  felony,  be- 
sides such  as  are  above  enumerated  and  excepted,  shall  be 
deemed  manslaughter ;  or, 

The  killing  of  a  human  being,  without  malice,  by  the  act, 
procurement  or  culpable  negligence  of  another,  while  such 
other  is  engaged  in  the  perpetration  of  any  crime  or  misde- 
meanor, not  amounting  to  felony  ;  or, 

In  the  attempt  to  perpetrate  any  crime  or  misdemeanor, 
in  cases  when  such  killing  would  be  murder  under  former 
laws  shall  be  deemed  manslaughter. 


CHOCTAW   NATION.  189 

SEC.  2. — Be  it  further  enacted,  That  every  person  deliberately 
assisting  another  in  the  commission  of  self-murder,  shall  be 
deemed  guilty  of  manslaughter. 

SEC.  3. — Be  it  further  enacted,  That  the  wilful  killing  of  an 
unborn  quick  child,  by  any  injury  to  the  mother  of  such 
child,  which  would  be  murder  if  it  resulted  in  the  death  of 
the  mother,  shall  be  deemed  manslaughter. 

SEC.  4. — Be  it  furtJier  enacted,  That  every  person  who  shall 
administer  to  any  woman  pregnant  with  a  quick  child,  any 
medicine,  drug,  or  substance  whatever,  or  shall  use  or  em- 
ploy any  instrument  or  other  means,  with  intent  thereby  to 
destroy  such  child,  unless  the  same  shall  have  been  necessary 
to  preserve  the  life  of  such  mother,  or  shall  have  been 
advised  by  a  physician  to  be  necessary  for  such  purpose, 
shall  be  deemed  guilty  of  manslaughter. 

SEC.  5. — Be  it  further  enacted,  That  the  killing  of  a  human 
being,  without  malice,  in  the  heat  of  passion,  but  in  a  cruel 
or  unusual  manner,  without  authority  of  law  and  not  in  ne- 
cessary self-defence,  shall  be  deemed  manslaughter. 

SEC.  6. — Be  it  further  enacted,  That  every  person  who  shall  un- 
necessarily kill  another,  either  while  resisting  an  attempt  by 
such  other  person  to  commit  any  felony,  or  to  do  any  other 
unlawful  act,  or  after  such  attempt  shall  have  failed,  shall  be 
deemed  guilty  of  manslaughter. 

SEC.  7. — Be  it  further  enacted,  That  the  killing  of  another,  in 
the  heat  of  passion,  without  malice,  by  the  use  of  a  danger- 
ous weapon,  without  authority  of  law,  and  not  in  necessary 
self-defence,  shall  be  deemed  manslaughter. 

SEC.  8. — Be  it  further  enacted,  That  the  involuntary  killing 
of  a  human  being,  by  the  act,  procurement,  or  culpable  neg- 
ligence of  another,  while  such  other  person  is  engaged  in  the 
commission  of  a  trespass,  or  other  injury  to  private  rights  or 
property,  or  engaged  in  an  attempt  to  commit  such  injury, 
shall  be  deemed  manslaughter. 

SEC.  9. — Be  it  further  enacted,  That  any  person  navigating 


190  LAWS   OF  THE 

any  boat  or  vessel  for  gain,  who  shall  wilfully  or  negligently 
receive  so  many  passengers,  or  such  quantity  of  other  load- 
ing, that  by  means  thereof  such  boat  or  vessel  shall  sink  or 
overset,  and  thereby  any  human  being  shall  be  drowned,  or 
otherwise  killed,  shall  be  deemed  guilty  of  manslaughter. 

SEC.  10. — Be  it  further  enacted,  That  if  any  physician  or 
other  person,  while  in  a  state  of  intoxication,  shall,  without 
a  design  to  effect  death,  administer,  or  cause  to  be  admin- 
istered, any  poison,  drug,  or  other  medicine,  or  shall  per- 
form any  surgical  operation  on  another  which  shall  cause 
the  death  of  such  other,  he  shall  be  deemed  guilty  of  man- 
slaughter. 

SEC.  11. — Be  it  furtJier  enacted,  That  every  other  killing  of 
a  human  being,  by  the  act,  procurement,  or  culpable  negli- 
gence of  another,  and  without  authority  of  law,  not  provided 
for  in  this  act  shall  be  deemed  manslaughter. 

SEC.  12. — Be  it  further  enacted,  That  any  person  convicted 
of  the  crime  of  manslaughter,  under  this  act,  shall  receive 
one  hundred  lashes  on  the  bare  back. 

SEC.  13. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts, 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  26th  October,  1858. 


AN  ACT  entitled  an  act  defining  the  crime  of  Incest,  and  af- 
fixing a  punishment  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation,  That  if  any  person  shall  marry  within  the  degrees 
prohibited  by  law,  on  conviction  thereof,  they  shall  be  fined 
two  hundred  dollars,  or  each  receive  one  hundred  lashes  well 
laid  on  their  bare  backs,  ,and  such  marriage  is  declared 


CHOCTAW   NATION.  191 

SEC.  2. — Be  it  further  enacted,  That  if  any  persons,  who  have 
been  divorced  for  incest,  shall,  after  such  divorce,  cohabit  or 
live  together  as  man  and  wife,  such  persons  so  offending, 
shall  be  deemed  guilty  of  incest,  and  fined  on  conviction,  two 
hundred  dollars,  or  receive  two  hundred  lashes,  during  two 
days,  well  laid  on  the  bare  back,  or  both,  at  the  discretion  of 
court. 

SEC.  3. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts, 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  this  act  shall  take  effect  from  and  after  its  passage. 

Approved  October  26th,  1858. 


AN  ACT  entitled  an  act  to  make  certain  words  actionable, 
defining  the  offence  of  Libel  and  Slander,  and  prescribing 
the  punishment  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  all  words  which,  from  their  usual  construction 
and  common  acceptation,  are  considered  as  insults  and  lead 
to  violence  and  breaches  of  the  peace  shall,  hereafter  be  ac- 
tionable, and  no  plea,  exception  or  demurrer,  shall  be  sus- 
tained, in  any  court  within  this  Nation  to  preclude  a  jury 
from  passing  thereon,  who  are  hereby  declared  to  be  the  sole 
judges  of  the  damages  sustained. 

SEC.  2. — Be  it  further  enacted,  That  any  person  who  shall  be 
convicted  of  writing  or  publishing  any  libel,  or  speaking 
words  made  actionable  by  the  preceding  Section,  shall  be 
fined  in  such  sum,  and  receive  such  a  number  of  lashes  on 
the  bare  back  as  the  court,  in  its  discretion  may  adjudge, 
having  regard  to  the  nature  and  enormity  of  the  offence. 

SEC.  3. — Be  it  further  enacted,  That  in  every  criminal  pros- 
ecution for  libel  or  actionable  words,  it  shall  be  lawful  for 
the  defendant  upon  the  trial,  to  give  in  evidence  in  his  de- 
fence the  truth  of  the  matter  written,  spoken,  or  published. 


192  LAWS   OF  THE 

SEC.  4 — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  particularly  an  act  punishing  slander,  ap- 
proved October,  1851,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  26th  October,  1858. 


AN  ACT  entitled  an  act  defining  the  crime  of  Mayhem,  and 
affixing  the  punishment  thereto. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  every  person  who,  from  premeditated  design, 
or  with  intent  to  kill,  or  commit  any  felony,  shall  mutilate, 
disfigure,  disable,  or  destroy  the  tongue,  eye,  lip,  nose,  or 
any  other  limb  or  member,  of  any  person,  shall  be  guilty  of 
Mayhem,  and  on  conviction  thereof  shall  receive  one  hun- 
dred lashes  well  laid  on  the  bare  back. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  26th  October,  1858. 


AN  ACT  entitled  an  act  granting  Capt.  Jno.  Kiddle  the  privi- 
lege to  erect  a  bridge  on  Fourche  Maline  and  establish  a  toll 
gate  thereat. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  privilege  is  hereby  granted  to  Capt.  John 
Kiddle  to  establish  a  bridge  and  a  toll  gate  on  Fourche  Maline 
stream,  near  his  residence,  on  the  road  leading  from  Fort 


CHOCTATV   XATIOX.  193 

Smith  to  Boggy  Depot,  upon  the  following  conditions  and 
terms :  That  if  said  John  Kiddle  shall  well  and  truly  erect  or 
cause  to  be  erected,  a  bridge  across  said  Fourche  Maline,  he 
shall  be  entitled  to  demand  and  receive  therefor,  from  all 
persons  passing  over  the  same,  except  from  citizens  of  this 
Nation,  the  rates  of  toll,  to  wit :  For  each  four-wheeled 
wagon,  or  other  vehicle  drawn  by  four  or  more  horses,  mules, 
or  oxen,  with  driver,  the  sum  of  Fifty  cents;  For  each  four- 
wheeled  wagon,  or  other  vehicle,  drawn  by  one  or  two  horses, 
mules,  or  oxen,  with  driver,  the  gum  of  Twenty-five  cents;  For 
each  man  and  horse,  the  sum  of  Ten  cents;  For  each  animal 
in  every  drove  of  cattle,  horses,  mules,  hogs  and  sheep,  One 
cent. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person,  not  a  citi- 
zen of  this  Nation,  refuse  to  pay  the  toll  aforesaid,  upon 
application,  with  proper  proof,  being  made  to  any  justice  of 
the  peace,  said  justice  of  the  peace  shall  give  judgment,  with 
fifty  per  cent,  damages,  on  the  amount  found  due,  and  shall 
issue  a  writ  directed  to  any  constable  of  the  proper  county 
who  shall  proceed  to  seize  sufficient  property  belonging  to 
such  person  or  persons  and  sell  the  same  upon  ten  days 
notice,  at  public  sale,  to  satisfy  the  principal  found  due, 
damages  and  costs. 

SEC.  3. — Be  it  further  enacted,  That  the  privilege  to  receive 
toll,  herein  given,  shall  take  effect  and  be  in  force  when  the 
said  J.  Eiddle  shall  well  and  truly  have  erected  a  good 
bridge,  and  as  long  as  he  shall  keep  the  same  in  good  order 
and  be  responsible  for  all  damages  to  any  person  or  persons 
crossing  the  same  with  their  property.  Provided,  The  privi- 
lege herein  granted  shall  not  continue  for  a  longer  time  than 
six  years. 

SEC.  4.— Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  26th  October,  1858. 


13 


194:  LAWS  OF  THE 


RESOLUTIONS  providing  for  the  submission  to  a  vote  of  the 
people  of  the  Nation  the  question  of  "Convention  "  or  "  no 
Convention  "  preliminary  to  such  a  call  if  desired. 

Whereas,  It  has  been  declared  by  some  person  in  this  Na- 
tion that  the  present  General  Council,  the  executive  officers 
of  the  government  of  this  Nation,  together  with  the  friends  of 
the  existing  organic  law  of  the  land,  known  as  the  Skullyville 
Constitution,  have  had  in  view  a  design  to  stifle  the  voice  of 
the  people,  by  the  several  acts  of  refusal  on  the  part  of  the 
General  Council,  to  submit  by  law,  to  a  vote  of  the  people  the 
question  of  "Convention"  or  "no  Convention,"  which,  from 
the  same  sources  has  been  declared  to  be  desired  by  the 
people  generally ;  and  to  whom,  the  Constitution  of  Skully- 
ville gives  the  "  inalienable  and  indefeasible  right  to  alter  or 
abolish  their  form  of  government,  in  such  manner  as  they  may 
think  expedient." 

And  whereas,  To  vindicate  the  justice  and  wisdom  of  the 
•General  Council  and  the  Executive  officers  of  the  government 
before  the  people,  for  delaying  the  important  question  of 
directing  a  vote  upon  the  expediency  of  a  Convention,  before 
the  Constitution  formed  by  the  last  one  assembled  had  been 
fully  tested,  on  account  of  the  prevailing  persistent  disorgani- 
zation in  some  of  the  counties  and  the  refusal  of  some  of  the 
citizens  thereof  to  submit  to  it,  its  authorities  and  the  laws 
under  it,  and  also,  the  consequent  impracticability  of  a  vote 
being  so  taken  under  such  circumstances ;  together  with  the 
agitated  state  of  the  public,  incident  thereto,  in  such  counties 
and  extending  to  other  parts  of  the  Nation. 

And  ivhcreas,  The  existing  government  under  the  Skullyville 
Constitution,  has  been  fully  recognized  by  the  government  of 
the  United  States,  as  legal  in  its  inception,  formation,  and  as 
the  paramount  law  of  the  land,  by  a  second  payment  of  the 
moneys  due  annually  to  this  Nation,  and  the  express  decision 
to  that  effect  of  the  Commissioner  of  Indian  Affairs,  under 


CHOCTAW   NATION.  195 

direction  of  the  President  of  the  United  States,  through  the 
Secretary  of  the  Interior. 

And  whereas,  The  Principal  and  District  Chiefs  and  the 
Council  recently  elected  under  the  Constitution  known  as  the 
"  Doaksville  Constitution ;"  which  was  gotten  up  to  super- 
sede and  destroy  the  existing  one,  are  known  to  have  yielded 
their  opposition,  abandoned  their  Constitution,  and  now  sub- 
mit to  the  Skullyville  Constitution,  the  laws  in  force  and  the 
authorities  constituted  by  and  acting  under  it. 

And  wherreas,  As  a  measure,  further  to  assure  the  Choctaw 
people  that  the  course  of  the  existing  government  under  the 
Skullyville  Constitution  and  the  party  controlling  it,  has  been 
solely  for  their  good,  in  preventing  anarchy  and  misrule,  by 
delaying  the  reference  of  so  great  and  important  a  question 
to  their  suffrages,  until  all  the  counties  in  the  Nation  were 
organized  and  the  public  mind  quieted ;  and  as  an  assurance 
to  the  government  of  the  United  States,  our  great  monitor 
and  friend,  that  the  government  of  the  Choctaw  Nation  are 
mindful  of  their  teachings,  ready  to  preserve  the  domestic 
peace  they  desire,  and  to  observe  their  counsels,  therefore  : 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaiv 
Nation,  That  whenever  the  Governor  of  this  Nation,  shall  re- 
ceive full  and  satisfactory  information  that  the  counties  in 
this  Nation,  that  have  heretofore  been  without  legal  officers 
and  in  a  state  of  disorganization,  have  duly  and  legally  be- 
come organized  under  the  Skullyville  Constitution,  he  shall 
issue  his  proclamation  to  the  people  of  the  Nation,  calling 
upon  them  to  vote  on  a  day  to  be  by  him  therein  named,  at 
least  sixty  days  after  the  date  thereof,  upon  the  question  of 
"  Convention "  or  ".no  Convention,"  to  alter  or  amend  the 
existing  Constitution,  or  frame  a  new  one,  for  submission  to 
a  vote  of  the  people  for  their  ratification  or  rejectim. 

SEC.  2. — Be  it  further  resolved,  That  the  Governor  shall  issue 
his  writ  of  election  directed  to  the  Sheriff  of  each  county  in  the 
Nation,  commanding  him  on  the  day  fixed  by  the  Governor,  to 


196  LAWS  OF   THE 

order  an  election  in  his  county,  at  the  place  or  places  now 
established  by  law  for  holding  elections  in  each  county,  for 
the  purpose  of  allowing  the  qualified  electors  thereof,  to  vote 
for,  or  against,  a  call  for  a  convention  of  the  people,  to  as- 
semble for  the  object  herein  previously  set  forth,  and  said 
Sheriff  shall  appoint,  to  serve  at  each  place  of  holding 
elections  in  his  county,  three  election  judges  and  two  clerks, 
and  shall  administer  to  each,  the  oath  prescribed  in  the  Con- 
stitution for  officers  generally,  before  they  enter  upon  a  dis- 
charge of  their  duties. 

SEC.  3. — Be  it  further  resolved,  That  said  election  shall  be  by 
ballot  and  shall  continue  for  one  day  only,  and  each  qualified 
elector  voting,  shall  put  upon  his  ticket,  if  he  desires  the  call 
of  a  convention  the  word  "  Convention,"  or  if  he  is  opposed 
to  the  call  of  a  convention,  the  words  "  No  Convention." 

SEC.  4. — Be  itfurtJier  resdved,  That  the  returns  of  such  elgg,- 
tion  shall  be  made  out  by  the  clerk  thereof  and  certified  to  be 
correct,  sealed  up  and  delivered  to  the  Sheriff  by  the  judges 
thereof,  which  said  Sheriff  shall  transmit  them  by  some  safe 
hand,  or  by  mail,  to  the  National  Secretary,  who  shall  in  the 
presence  of  the  Governor,  open  the  same,  when  the  Governor 
shall  make  proclamation  of  the  number  of  all  the  votes  cast  in 
each  county  for  and  against  such  call  of  a  convention,  and  at 
the  next  regular  session  of  the  General  Council  lay  the  same 
before  them. 

SEC.  5. — Be  itfurtJier  resolved^  That  if  the  General  Council  at 
the  next  regular  session  thereof  shall  discover  after  due  investi- 
gation of  the  returns  of  such  election,  that  no  improper  or 
illegal  voting  was  done  at  said  election,  in  which  case  the 
illegal  or  improper  votes  shall  not  be  counted,  and  that  the 
highest  number  of  votes  cast  at  said  election,  are  in  favor  of 
a  call  for  a  convention  of  the  people,  they  shall  provide  the 
manner  and  means  for  holding  ,an  election  for  delegates,  the 
number  thereof,  their  pay  and  mileage,  the  place  of  assem- 
bling and  the  manner  and  means  of  submitting  any  action  of 


CHOCTAW  NATION.  197 

such  convention,  so  assembled,  to  a  direct  vote  of  the  people 
for  their  ratification  or  rejection. 

SEC.  6. — Be  it  further  resolved,  That  the  judges  and  clerks  of 
the  election  herein  directed,  shall  receive  as  a  compensation 
for  their  services,  the  sum  of  two  dollars  each,  payable  out  of 
the  National  Treasury,  upon  the  certificate,  under  oath  of  the 
Sheriff  of  the  proper  county,  giving  the  names  of  the  judges 
and  clerks  and  stating  that  they  faithfully  performed  their 
respective  duties ;  presented  to  the  National  Auditor  who  is 
hereby  directed  to  issue  his  warrant  on  the  National  Treasurer, 
who  shall  pay  the  same. 

SEC.  7. — Be  it  further  resolved.  That  these  resolutions  take 
effect  and  be  in  force  from  and  after  their  passage. 

Approved,  26th  October,  1858. 


AN  ACT  entitled  an  act  to  increase  the  pay  of  the  Captain  of 
the  Light-horse  men  of  this  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  in  addition  to  the  sums  now  allowed  by  law  to 
the  Captain  of  the  corps  of  Light-horse  men  of  this  Nation, 
he  be  entitled  to  receive  the  sum  of  one  hundred  and  fifty 
dollars  a  year,  payable  in  the  same  manner,  out  of  the  Na- 
tional Treasury,  as  provided  by  law  for  his  salary  formerly. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  26th  October,  1858. 


AN  ACT  entitled  an  act  appropriating  a  sum  of  money  for  the 
use  of  the  widow  of  John  Joshua,  deceased. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation,  That  John  Joshua,  while  executing  his  duty  as  De- 


198  LAWS  OF  THE 

puty  Sheriff  of  Kiamichi  county,  Choctaw  Nation,  was  killed, 
that  the  sum  of  seventy-five  dollars  be  and  is  hereby  appro- 
priated to  the  use  and  benefit  of  his  widow,  and  that  the 
National  Auditor  is  hereby  required  to  issue  his  warrant 
upon  the  National  Treasurer  for  the  same. 
Approved  26th  October,  1858. 


AN  ACT  appropriating  money  to  pay  T.  "Watkins  for  the  use 
of  his  house  for  the  Senate. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  sum  of  twenty-five  dollars,  be  and  is  hereby 
appropriated,  out  of  any  funds  not  otherwise  appropriated,  to 
pay  Theodore  Watkins  for  the  use  of  his  house  by  the  Senate 
during  the  present  session  6f  the  General  Council,  and  that 
the  National  Auditor  be  directed  to  issue  his  warrant  on  the 
National  Treasurer  for  the  same. 

Approved,  27th  October,  1858. 


.RESOLUTIONS  requesting  the  United  States  Government  to  pay 
into  the  National  Treasury  certain  moneys  appropriated 
for  Missionary  schools  in  the  Nation  and  for  the  education 
of  Choctaw  youths  sent  abroad. 

Resolved  ~by  the  General  Council  of  the  Choctaw  Nation,  That 
the  Governor  of  this  Nation  be  requested,  and  he  is  hereby 
authorized  and  empowered,  to  open  a  correspondence  with 
the  Secretary  of  the  Interior,  through  the  United  States 
Agent  for  this  Nation,  for  the  purpose  of  inducing  the  United 
States  Government,  hereafter,  to  pay,  at  the  same  time  and 
in  the  same  manner  that  other  sums  due  the  Nation  are  paid 
into  the  Treasury  of  the  Nation,  the  sum  of  sixteen  thousand 
seven  hundred  dollars,  appropriated  by  the  Nation  to  the 
support  of  Missionary  schools  therein,  and  now  paid  directly 


CHOCTAW  NATION.  199 

to  the  Superintendents  of  those  schools,  by  the  United  States 
Government ;  and  the  interest  due  annually,  accruing  and 
accrued,  upon  the  sum  of  ninety-eight  thousand  and  three 
hundred  and  ninety-one  dollars  and  seventy-nine  cents, 
funded  in  the  hands  of  the  United  States  government,  for  the 
education  of  Choctaw  youths,  sent  abroad,  in  order  that  a 
correct  account  of  the  receipts  and  disbursements  of  these 
moneys  may  be  kept  in  the  offices  of  the  National  Auditor 
and  National  Treasurer. 

Resolved  further,  That  the  Governor  be  also  requested  to 
ask  at  the  same  time,  of  the  United  States  government  a 
statement  in  •writing,  setting  forth  the  amount  of  interest  each 
year  due,  upon  said  fund  of  ninety-eight  thousand  three  hun- 
dred and  ninety-one  dollars  and  seventy -nine  cents ;  the 
names  of  the  persons,  the  date  .of  payment  and  the  amount 
paid  to  each,  at  any  time,  out  of  said  interest  money,  from 
the  date  of  its  being  funded  in  the  hands  of  the  United  States 
government,  to  the  date  of  the  next  fiscal  year  thereof,  for 
the  satisfaction  and  inspection  of  this  Nation. 

Resolved  further,  That  these  resolutions  take  effect  from  and 
after  their  passage. 

Approved  26th  October,  1858. 


AN  ACT  entitled  an  act  locating  seat  of  justice  at  Davis  Fra- 
zier's,  in  Cedar  county,  Apuckshunnubbee  District. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  seat  of  justice  of  Cedar  county  is  hereby 
located  at  Davis  Frazier's,  of  said  county,  and  that  the  seat 
of  justice,  heretofore  located  at  Simpson  Nelson's,  is  hereby 
repealed. 

Approved  27th  October,  1858. 


200  LAWS  OF  THE 

AN  ACT  entitled  an  act  authorizing  the  Governor  to  have 
the  laws  passed  at  the  present  session  translated  into  the 
Choctaw  language,  and  to  have  them  printed  in  both  the 
English  and  Choctaw  languages. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  Governor  of  this  Nation  is  hereby  author- 
ized, to  have  the  laws  passed  at  the  present  session  of  the 
General  Council,  translated  by  some  competent  person,  into 
the  Choctaw  language,  and  for  such  services  he  is  hereby 
authorized  to  pay  the  sum  to  be  agreed  upon  by  him  and  the 
person  he  so  employs,  out  of  the  fund  in  the  National  Trea- 
sury arising  from  the  tax  assessed  on  licensed  traders. 

SEC.  2. — Be  it  further  enacted,  That  the  Governor  is  hereby 
further  requested  and  authorized  to  have  the  usual  number 
of  copies  of  the  laws  passed  at  the  present  session,  when 
translated,  printed  in  pamphlet  form  in  both  the  Choctaw 
and  English  languages,  and  when  a  sufficient  number  has 
been  received  by  the  National  Secretary,  shall  direct  their 
distribution  among  the  officers  of  the  Nation,  including  the 
district  chiefs,  in  the  manner  now  fixed  by  law. 

SEC.  3. — Be  it  further  enacted,  That  the  Governor  is  fur- 
ther requested  and  authorized  to  pay  for  the  printing  by  this 
act  directed  to  be  done,  out  of  the  fund  in  the  National 
Treasury  arising  from  the  tax  on  licensed  traders,  which  shall 
be  paid  upon  his  order  to  the  National  Auditor,  who  shall 
issue  his  warrant  therefor,  as  also,  for  the  sum  paid  for  trans- 
lating the  laws  herein  directed  to  be  translated. 

SEC.  4. — Be  it  further  enacted,  That  the  Governor  shall  di- 
rect the  National  Secretary  to  send  to  each  one  of  the  States 
of  the  American  Union,  one  copy  each  of  all  the  laws  printed 
for  the  Nation  in  both  languages,  and  five  copies  to  the  Pres- 
ident of  the  United  States,  for  the  use  of  the  State  Library 
of  each  State,  and  the  National  Library  of  the  United  States, 
and  also  to  purchase  at  the  expense  of  this  Nation,  out  of  the 
fund  and  in  the  manner  directed  for  the  payment  of  the 


CHOCTAW   NATION.  201 

printing  herein  requested  to  be  done,  a  sufficient  number  of 
copies  of  the  Choctaw  Definer,  New  Testament  and  Hymn  book, 
printed  in  the  Choctaw  language,  to  be  forwarded  to  each  of 
the  States  and  the  United  States,  as  required  in  the  distri- 
bution of  the  laws,  and  ask  in  return  copies  of  the  Statute 
Laws,  Supreme  Court  Reports  and  other  books  published  by 
their  authority. 

SEC.  5. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  27th  October,  1858. 


AN  ACT  entitled  an  act  regulating  the  manner  of  constituting 
jurors  and  establishing  their  pay. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  all  jurymen  summoned  according  to  the  provi- 
sions of  this  act  shall  be  entitled  to  receive  five  cents  per  mile 
going  to  and  returning  from  court,  and  one  dollar  per  day, 
to  be  paid  by  the  party  losing  the  suit,  and  the  same  shall 
be  attached  to  the  bill  of  costs,  except  grand  jurors,  who 
shall  be  paid  out  of  the  National  Treasury,  on  certificate  of 
the  clerk  to  the  National  Auditor,  who  is  required  to  issue 
his  warrant  for  the  same,  and  the  National  Treasurer  is  hereby 
authorized  to  pay  the  same,  and  that  Section  16  of  the  act 
passed  16th  April,  1858,  be  and  the  same  is  hereby  repealed. 

Approved,  October  27, 1858. 


RESOLUTIONS  directing  the  Choctaw  delegation  to  "Washington 
City  to  bring  about  a  settlement  of  all  matters  arising  in 
relation  to  the  eastern  boundaiy  of  the  Choctaw  Nation. 

Resolved  by  the  General  Council  of  tie  Choctaio  Nation,  That 
Samuel  Garland,  Peter  Folsom,  P.  P.  Pitchlynn  and  Israel 
Folsom,  who  compose  the  Choctaw  delegation  to  Washington 


202  '•         LAWS  OF  THE 

City,  be  and  they  are  hereby  requested  authorized  and  fully 
empowered  in  addition  to  the  powers  they  already  possess  in 
behalf  of  this  Nation,  to  take  into  consideration  all  matters 
arising  in  relation  to  the  running  of  the  eastern  boundary 
line  of  the  Choctaw  Nation  by  direction  of  the  government 
of  the  United  States  during  the  present  year,  and  determine 
and  agree  upon  the  compensation  to  be  allowed  by  the  gov- 
ernment of  the  United  States,  in  consideration  of  that  portion 
of  the  territory  of  this  Nation  found  to  be  within  the  limits 
of  the  State  of  Arkansas. 

Be  it  further  resolved,  That  this  resolution  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  27th  October,  1858. 


AN  ACT  entitled  an  act  apportioning  the  representation  of  the 
counties  and  creating  Senatorial  districts  and  fixing  the 
number  thereof  in  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  ratio  of  representation  in  the  House  of  Eep- 
resentatives  of  the  General  Council  of  this  Nation  shall  be 
equal  to  every  one  thousand  free  inhabitants  in  each  county 
thereof. 

SEC.  2. — Be  it  further  enacted,  That  hereafter  the  county  of 
Skullyville  shall  be  entitled  to  two  representatives  ;  The 
county  of  Sugar  Loaf  shall  be  entitled  to  one  representative  ; 
The  county  of  Sans  Bois  shall  be  entitled  to  one  representa- 
tive ;  the  county  of  Gains  shall  be  entitled  to  one  represen- 
tative ;  The  county  of  Tobucksy  shall  be  entitled  to  one  rep- 
resentative ;  The  county  of  Jack's  Fork  shall  be  entitled  to 
one  representative ;  The  county  of  Atoka  shall  be  entitled  to 
one  representative  ;  The  county  of  Blue  shall  be  entitled  to 
two  representatives ;  The  county  of  Kiamichi  shall  be  en- 
titled to  three  representatives  ;  The  county  of  Towson  shall 
be  entitled  to  two  representatives ;  The  county  of  Red  River 


CHOCTAW  NATION-.  203 

shall  be  entitled  to  two  representatives  ;  The  county  of  Cedar 
shall  be  entitled  to  one  representative  ;  The  county  of  Na- 
shoba  shall  be  entitled  to  one  representative  ;  The  county  of 
Wade  shall  be  entitled  to  one  representative  ;  The  county  of 
Boktuklo  shall  be  entitled  to  one  representative  ;  The  county 
of  Eagle  shall  be  entitled  to  one  representative ;  and  the 
county  of  Cooper,  when  settled  by  Choctaws,  shall  be  enti- 
tled to  one  representative. 

SEC.  3. — Be  it  further  enacted,  That  the  county  of  Kiamichi 
shall  compose  one  senatorial  district  of  this  Nation,  and  be 
entitled  to  one  senator  in  the  General  Council  thereof,  and 
the  counties  following  herein,  as  enumerated,  shall  compose 
a  senatorial  district  of  this  Nation  and  shall  be  entitled  to 
one  senator  to  each  district,  to  wit  :  The  county  of  Skully- 
ville,  one  senator ;  The  county  of  Blue,  one  senator ;  The 
county  of  Towson,  one  senator  ;  The  county  of  Bed  River, 
one  senator ;  The  county  of  Eagle,  one  senator ;  The  counties 
of  Sugar  Loaf  and  Wade,  one  senator  ;  The  counties  of  To- 
bucksy  and  Atoka,  one  senator ;  The  counties  of  Jack's  Fork 
and  Cedar,  one  senator ;  The  counties  of  Sans  Bois  and  Gains, 
one  senator ;  and  the  counties  of  Nashoba  and  Boktuklo,  one 
senator. 

SEC.  4. — Be  it  further  enacted,  That  the  election  for  repre- 
sentatives, shall  be  held  at  the  places  now  established  by 
law,  according  to  the  existing  election  laws,  at  the  same  time 
that  the  regular  election  for  Governor  and  other  National 
officers  are  held,  and  that  the  election  for  senators  shall  be  in 
all  the  senatorial  districts  at  the  same  places,  according  to 
the  same  laws,  at  the  same  time  that  elections  for  represen- 
tatives are  held. 

SEC.  5. — Be  it  further  enacted,  That  all  acts  or  part  of  acts 
heretofore  passed,  coming  in  conflict  in  any  manner  with  the 
provisions  of  this  act,  be  and  the  same  is  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  27th  October,  1858. 


204  LAWS  OF  THE 

AN  ACT  entitled  an  act  defining  what  shall  constitute  unlaw- 
ful matrimony,  the  crime  of  incest,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation,  That  the  son  shall  not  marry  his  mother. 

The  son  shall  not  marry  his  step-mother. 

The  brother  shall  not  marry  his  sister  nor  his  sister's 
daughter. 

The  father  shall  not  marry  his  daughter. 

The  father  shall  not  marry  his  daughter's  daughter. 

The  son  shall  not  marry  his  father's  daughter  begotten  of 
his  step-mother,  nor  his  aunt,  being  his  father's  or  mother's 
sister. 

The  father  shall  not  marry  his  son's  widow. 

A  man  shall  not  marry  his  wife's  daughter,  or  his  wife's 
daughter's  daughter,  or  his  wife's  son's  daughter,  and  the 
like  prohibition  shall  extend  to  females  within  the  same  de- 
grees, and  all  marriages  of  this  nature  are  hereby  declared 
incestuous  and  void. 

Approved  26th  October,  1858.  ' 


ACTS  AND   RESOLUTIONS 


-  OCTOBER  SESSION,  1859. 

RESOLUTIONS  requesting  the  Governor  to  obtain  information 
respecting  individual  claims,  assumed  by  the  Nation,  under 
Treaty  of  June  22d,  1855. 

Eesdved  ~by  the  General  Council  of  the  Choctaw  Nation,  That 
the  Governor  be  requested,  to  forthwith  address  the  Connnis- 


CHOCTAW  NATION.  205 

sioner  of  Indian  Affairs,  at  Washington  City,  asking  him  to 
transmit  to  the  United  States  Agent,  for  this  Nation,  copies 
of  all  the  names  of  individual  claimants,  under  any  former 
treaty,  with  the  accompanying  evidences  of  such  claims,  in 
order  to  enable  the  proper  authorities  of  this  Nation,  to  carry 
out  the  provisions  of  the  12th  Article  of  the  Treaty,  of  22d 
June,  1855,  between  the  United  States,  the  Choctaw  and 
Chickasaw  Nations. 

JZesolved  further,  That  this  resolution  take  effect  from  and 
after  its  passage. 

Approved,  October  13th,  1859. 


AN  ACT  relating  to  the  claim  of  J.  E.  "Witt,  against  Lemuel 
Reynolds,  of  the  Chickasaw  Nation. 

That,  whereas,.  J.  E.  Witt,  a  citizen  of  this  Nation,  has 
made  complaint  to  the  General  Council  alleging  that  one 
Lemuel  Eeynolds,  now  a  citizen  of  the  Chickasaw  Nation,  did, 
in  the  year  1856,  take  and  carry  away  from  the  premises  of 
said  complainant,  his  property,  amounting  in  the  aggregate 
to  about  six  hundred  dollars,  therefore  : 

Be  it  resolved  by  the  General  Council  o*  the  Choctaw  Nation, 
That  the  Governor  be,  and  he  is  hereby  required  to  demand, 
through  the  Chickasaw  authorities,  the  restitution  of  said 
property,  to  the  said  J.  E.  Witt,  or  the  amount  specified 
above  in  money  of  the  said  Lemuel  Eeynolds. 

Approved,  October  14th,  1859. 


Appropriation  to  John  Martin,  J.  P. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Na- 
tion assembled,  That  the  sum  of  ten  dollars  and  forty  cents, 
be  and  is  hereby  appropriated,  to  pay  John  Martin  for  ser- 
vices rendered  as  Justice  of  the  Peace,  in  Towson  county, 


206  LAWS  OF  THE 

and  the  National  Auditor  is  hereby  required  to  issue  his  war- 
rant upon  the  Treasury  for  the  same. 
Approved,  October  15th,  1859. 


Appropriation  to  Theodore  Watkins. 

Resolved  by  the  General  Council  of  the  Choctaiv  Nation,  That 
the  sum  of  sixteen  dollars  be  allowed  Theodore  Watkins,  for 
eight  days  use  of  his  house  for  the  session  of  the  Supreme 
Court  at  the  terms  of  April  and  October,  1859,  out  of  the 
National  Treasury,  and  the  National  Auditor  is  hereby 
directed  to  issue  his  warrant  therefor. 

Approved,  October  15th,  1859. 


AN  ACT  relative  to  white  men  living  in  the  Nation  without 

license. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  it  shall  be  the  special  duty  of  the  Sheriff  in 
each  county  of  this  Nation,  to  give  prompt  and  immediate 
notice  to  the  Governor  of  this  Nation,  of  all  white  men,  who 
are  residing,  or  who  may  reside  within  the  limits  of  their 
respective  counties,  without  a  license  or  permit  from  the 
proper  authorities  of  this  nation. 

Be  it  further  enacted,  That  the  Governor  of  this  Nation  is 
hereby  authorized,  and  directed  to  take  the  necessary  steps 
to  cause  the  removal  of  all  such  persons  as  may  be  residing 
here  without  any  license,  or  permit. 

Approved  October  17th,  1859. 


AN  ACT  to  employ  Joseph  Dukes  to  translate  the  laws  into 
the  Choctaw  language,  passed  at  the  October  Session, 
1859. 

Be  it  enacted  ~by  the  General  Council  of  the  Choctaw  Nation, 


CHOCTAW  NATION.  207 

That  the  Governor  of  the  Choctaw*-Nation,  be  and  is  hereby 
empowered,  and  authorized  to  employ  Joseph  Dukes  to 
translate  into  the  Choctaw  language,  as  soon  as  practicable, 
each  and  every  Act  and  Resolution  passed  at  the  present  ses- 
sion of  the  General  Council,  and  to  furnish  three  distinct 
copies  of  such  translation  to  the  Governor. 

Be  it  further  enacted,  That  the  Governor  shall  cause  one 
copy  of  such  translations  to  be  furnished  each  of  the  Circuit 
Judges  of  the  Choctaw  Nation. 

Be  it  further  enacted,  That  for  the  service  of  such  transla- 
tions, said  Joseph  Dukes  shall  receive  pay  equivalent  to  the 
pay  he  may  receive  as  a  member  of  this  present  General 
Council,  and  that  the  National  Auditor,  shall  issue  his  war- 
rant on  the  Treasurer,  for  that  amount,  on  the  certificate  of 
the  Governor,  that  such  service  has  been  performed. 

Be  it  furt/ier  enacted,  That  this  act  be  in  force  from  and 
after  its  passage. 

Approved,  October  19th,  1859. 


AN  ACT  making  appropriations  for  the  widow  and  child  of 
D.  W.  Lewis,  deceased. 

Your  committee  to  whom  was  referred  a  memorial  from 
Mrs.  Nancy  Lewis,  wife  of  the  late  Eev.  D.  W.  Lewis,  for 
services  rendered,  as  one  of  the  delegates  to  "Washington 
City,  to  attend  to  unsettled  business  with  the  United  States 
Government,  and  your  committee  had  the  same  under  con- 
sideration, and  make  their  report. 

It  is  the  opinion  of  your  committee,  that  Nancy  Lewis,  and 
her  child,  are  entitled  to  percentage  upon  the  money  paid 
the  Nation  by  the  United  States  Government,  for  the  relin- 
quishment  of  all  the  claims  to  any  Territory  west  of  one  hun- 
dred degrees  of  West  Longitude.  Therefore,  your  committee 
would  respectfully  recommend,  that  Mrs.  Nancy  Lewis,  and 


208  LAWS   OF  THE 

her  child,  shall  be  allowed  one-fourth  of  the  per  centage 
allowed  the  delegation,  in  obtaining  the  money  for  the  relin- 
quishment  of  the  Territory  aforesaid;  and  your  committee 
further  recommend  that  a  sum  of  $4,000,  be  appropriated  out 
of  any  money  belonging  to  the  Nation,  in  order  to  make  her 
claim  equal  with  the  rest  of  the  delegation. 

Be  it  enacted  by  the  General  Council  of  the  Choctaio  Nation 
assembled,  That  the  sum  of  $4,000  be  and  is  hereby  appropria- 
ted out  of  any  money  belonging  to  the  Nation,  to  pay  Nancy 
Lewis,  and  her  child,  for  the  services  of  the  late  D.  W.  Lewis, 
as  delegate  to  Washington,  and  that  the  National  Auditor 
is  hereby  required  to  issue  his  warrant  upon  the  Treasurer 
in  her  favor  for  the  same  amount. 

Be  it  further  enacted,  That  Mrs.  Nancy  Lewis  and  her  child 
shall  be  entitled  to  one-fourth  of  the  per  centage  allowed  the 
delegation  for  obtaining  the  payment  for  the  Territory 
claimed  by  the  Nation  beyond  West  of  one  hundred  degrees 
of  Longitude. 

Approved,  October  20th,  1859. 


AN  ACT  entitled  an  act  granting  to  Campbell  Leflore  the 
right  of  way  and  privilege  of  erecting  a  Telegraph  Line 
through  this  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  right  of  way,  and  the  privilege  is  hereby 
granted  Campbell  Leflore,  to  establish,  and  erect,  a  telegraph 
line  through  the  Nation,  commencing  at  the  eastern  boundary 
of  the  Nation,  near  Fort  Smith,  and  running  West  in  the 
direction-  of  Sherman,  in  the  State  of  Texas,  to  the  western 
boundary  of  the  Nation,  with  all  the  rights,  privileges,  and 
immunities  necessary  and  proper  for  the  successful  erection, 
completion,  and  operation  of  said  line ;  and  further,  the  privi- 
lege of  having  a  telegraph  office  at  the  Capitol  of  the  Nation, 
if  practicable. 


CHOCTAW   NATION  209 

SEC.  1--Be  it  further  enacted,  That  the  above  specified 
privileges  are  hereby  granted  and  conferred  upon  the  said 
Campbell  Leflore,  his  heirs,  and  assignees,  exclusively  for  the 
term  of  fifteen- years,  from  and  after  the  passage  of  this  act. 

Approved,  October  20th,  1859. 


AN  ACT  appropriating  $6,000  to  pay  the  expense  of  the  dele- 
gation to  Washington. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation, 
That  the  sum  of  six  thousand  dollars,  viz. :  Two  thousand 
dollars  to  P.  P.  Pitchlynn,  two  thousand  dollars  to  Israel 
Folsom,  and  two  thousand  dollars  to  Samuel  Garland,  be 
set  apart,  and  appropriated  out  of  any  money  in  the  Na- 
tional Treasury,  not  *otherwise  appropriated,  in  order  that 
they  may  be  enabled  to  proceed  to  Washington  City  to  effect 
the  appropriation  necessary  to  complete  the  settlement  as 
designed  by  the  resolution  of  the  Senate  of  the  United  States, 
passed  9th  of  March,  1859. 

And  be  it  further  enacted,  That  the  National  Auditor  is 
hereby  required  to  issue  his  warrant  on  the  National  Trea- 
sury for  the  same. 

Approved,  October  20th,  1859. 


AN  ACT  appropriating  two  thousand  dollars  for  Nancy  Lewis 

and  child. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Notion 
assembled,  That  the  sum  of  two  thousand  dollars  be,  and  is 
hereby  appropriated  out  of  any  money,  not  otherwise  appro- 
priated, to  pay  Nancy  Lewis  and  her  child,  the  heirs  of  late 
D.  W.  Lewis  for  services  rendered  as  delegate  to  Washington 
14 


210  LAWS   OF   THE 

City,  and  that  the  National  Auditor  is  required  to  issue  his 
warrant  upon  the  Treasury  for  the  same. 
Approved  October  20th,  1859. 


AN  ACT  entitled  an  act  defining  the  duties  and  powers  of  the 
Commissioners,  the  jurisdiction  of  the  Court  of  Claims, 
fixing  their  pay,  and  for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tire  Chociaw 
Nation,  That  Whereas,  the  Senate  of  the  United  States  has 
awarded  to  the  Choctaws  the  net  .proceeds  of  the  land  ceded 
by  them  to  the  United  States  by  the  treaty  of  Dancing  Babbit 
'Creek,  September,  A.  D.  1830,  deducting  therefrom  the  pro- 
per expenditures  for  surveying,  selling,  &c. 

SEC.  2. — Be  it  further  enacted,  That  Whereas,  the  Choctaws, 
by  the  12th  article  of  the  treaty  of  June  22d,  1855,  accepted 
the  same  in  full  satisfaction  of  National  and  individual  claims, 
thereby  becoming  liable,  and  assuming,  the  payment  of  indi- 
Tidual  claimants. 

SEC.  3. — Be  it  further  enacted,  That  the  three  Commis- 
sioners now  appointed  under  6th  section  of  the  constitution, 
and  two  others  to  be  appointed  by  the  Governor,  who,  after 
being  commissioned  and  qualified -according  to  law,  shall  be, 
and  the  same  are  hereby  constituted  a  Court  of  Claims,  who 
before  entering  upon  the  duties  of  their  office,  shall  take  the 
oath  of  office  prescribed  in  the  constitution,  which  oath  may 
be  administered  by  the  Governor,  or  Judge  of  any  Court  of 
Record. 

SEC.  4. — Be  it  further  enacted,  That  the  Court  of  Claims  shall 
have  jurisdiction  over  all  claims  for  self  emigration,  all 
claims  under  the  14th  and  19th  articles  of  the  treaty  of  Sep- 
tember, 1830,  and  also,  claimants  under  the  supplement, 
claims  for  lost  property  in  emigrating  to  this  Nation  during 
the  years  1831,  2,  and  3,  and  for  property  scheduled  to  the 
General  Government  Agents. 


CHOCTAW   NATION.  211 

SEC.  5. — Be  it  further  enacted.  That  all  claims  against  the 
Nation,  shall  be  brought  within  18  months  from  and  after 
the  passage  of  this  act,  and  not  thereafter.  Claimants  shall 
have  the  right  to  appear  before  said  Court  of  Claims  in 
proper  person,  or  by  attorney  ;  provided,  that  none  shall  be 
attorneys  except  those  legally  qualified  to  practice  before  the 
courts  of  this  Nation — being  citizens  thereof. 

SEC.  6. — Be  it  further  enacted,  That  said  Court  of  Claims, 
shall,  as  well  as  claimants,  have  the  power  to  summon  any 
person  or  persons  as  witnesses  on  the  part  of  the  Nation, 
and  in  case  the  personal  attendance  of  the  summoned  cannot 
be  had,  depositions  may  be  taken  by  either  party  before  any 
Judge,  or  other  officer  legally  qualified  to  administer  an  oath 
— sufficient  notice  being  given  to  the  adverse  party  of  the 
time  and  place  of  taking  the  same. 

SEC.  7. — Be  it  further  enacted,  That  the  court  of  claims  shall 
choose  from  among  themselves  the  presiding  commissioner, 
who  shall  be  styled  the  Chief  Commissioner,  and  enter  the 
same  on  the  minutes  of  the  Court,  and  said  Chief  Commis- 
sioner shall  have  power  to  sign  the  minutes  and  certify  any 
matter  of  fact  of  record  in  said  court. 

SEC.  8. — Be  it  further  enacted,  That  the  Court  of  Claims 
shall  have  power  to  appoint  a  clerk  by  and  with  the  advice 
of  the  Governor,  to  hold  his  office  as  long  as  business  may 
require,  but  may  be  removed  for  any  good  and  sufficient 
cause  from  office.  Said  clerk  shall  take  the  oath  of  office 
prescribed  in  the  constitution  before  #ny  judge  of  a  court  of 
record,  and  shall  be  allowed  for  his  services  three  dollars  per 
day,  payable  quarterly  out  of  the  National  Treasury,  by  cer~. 
tified  certificate  from  under  the  hand  and  seal  of  the  Chief 
Commissioner  of  the  court. 

SEC.  9.—  Be  it  further  enacted,  That  for  preventing  errors  in 
entering  upon  the  judgment,  or  orders  of  said  Court,  the 
minutes  of  the  proceedings  of  every  day,  shall  be  drawn  up 
by  the  Clerk  before  the  next  day's  sitting  of  the  court,  when 


212  CHOCTAW  NATION. 

the  same  shall  be  read  in  open  court,  and  such  corrections, 
as  may  be  necessary,  made  and  then  signed  by  the  Chief 
Commissioner  of  the  court,  and  carefully  preserved  in  a  well 
bound  book,  to  be  kept  for  the  purpose,  if  necessary,  of  mak- 
ing a  pro  rata  payment  on  adjudicated  claims  of  judgment 
rendered — and  the  last  day  of  each  sitting  of  said  court,  the 
proceedings  of  that  day  shall  be  drawn  up,  read,  corrected, 
and  signed  on  the  same  day  as  aforesaid. 

SEC.  10. — Be  it  further  enacted,  That  the  Commissioners 
shall  for  their  services  receive  three  dollars  for  every  day 
they  shall  be  actually  engaged  in  the  discharge  of  their  du- 
ties as  commissioners,  payable  quarterly  out  of  any  funds  in 
the  National  Treasury,  not  otherwise  appropriated — a  certi- 
ficate under  the  hand  and  seal  of  the  Chief  Commissioner, 
of  the  number  of  days,  and  the  amount  shall  be  presented  to 
the  Auditor,  who  shall  issue  his  warrant  on  the  National 
Treasurer  for  the  same. 

And  be  it  further  enacted,  That  the  witness,  or  witnesses 
appearing  in  behalf  of  the  nation  in  the  Court  of  Claims, 
will  be  allowed  two  cents  per  mile  and  fifty  cents  per  day  in 
attending  the  above  said  court,  out  of  any  money  in  the 
Treasury,  not  otherwise  appropriated,  on  the  order  or  certi- 
ficate of  the  Chief  Commissioner,  to  the  National  Auditor  for 
the  same. 

SEC.  11. — Be  it  further  enacted,  That  in  case  any  vacancy 
shall  occur  in  the  Court  of  Claims,  either  by  death,  resigna- 
tion, or  removal  from  office,  the  Governor  shall  have  power 
to  fill  such  vacancy  by  appointment. 

SEC.  12. — Be  it  further  enacted,  That  in  case  of  necessity 
the  court  shall  have  power  to  appoint  a  bailiff  who  shall  exe- 
cute all  orders  of  said  court,  and  for  his  services  shall  receive 
the  same  as  that  of  constable  for  like  services. 

SEC.  13. — Be  it  further  enacted,  That  the  said  court  shall 
hold  its  session  at  the  following  places,  to  wit :  Skullyville, 
one  month,  commencing  1st  Monday  in  January,  1860;  John 


CHOCTAW   NATION.  213 

Riddle's,  two  weeks,  commencing  1st  Monday  in  February, 
1860  ;  Boggy  Depot,  commencing  third  Monday  in  February, 
to  hold  two  weeks ;  Mayhew,  three  weeks,  commencing  first 
Monday  in  March,  1860 ;  Jno.  Caffrey's,  three  weeks,  commenc- 
ing 4th  Monday  in  March, '  1860 ;  Doaksville,  one  month, 
commencing  third  Monday  in  April,  1860;  Lukfatah,  one 
month,  commencing  third  Monday  in  May,  1860;  Jessee 
McKinney's,  two  weeks,  commencing  third  Monday  in  June, 
1860. 

Be  it  further  enacted,  That  in  case  the  said  Conrt  of  Claims 
shall  not  complete  the  adjudication  of  claims  enrolled  within 
specified  times,  then  additional  terms  shall  be  held  by  said 
court ;  times  'and  place  to  be  fixed  by  said  court  for  final  and 
entire  adjudication. 

Approved,  October  21st,  1859. 


AN  ACT  authorizing  the  Governor  to  appoint  three  delegates 
to  the  International  Convention. 

Be  it  enacted  by  Hue,  General  Council  of  tlie  Choctaw  Nation, 
That  the  Governor  be,  and  is  hereby  authorized  to  appoint 
three  delegates,  on  the  part  of  the  Choctaw  Nation,  to  meet 
the  several  Nations  in  International  Council,  to  be  held  at 
North  Fork  Mission,  on  the  6th  day  of  November,  1859,  for 
the  purpose  of  framing  a  Code  of  International  Laws,  &c. 

Be  it  further  enacted,  That  said  delegates,  to  said  National 
Convention  of  Choctaws,  shall  receive  for  their  services  the 
same  mileage  and  per  diem,  that  the  members  of  the  House 
of  Representatives  are  entitled  to,  according  to  law,  and  the 
Governor,  upon  the  return  of  the  delegates,  and  their  certi- 
ficate of  the  number  of  days  employed,  and  the  number  of 
miles  traveled,  shall  issue  to  them  his  certificate,  which  cer- 
tificate shall  be  presented  to  the  National  Auditor,  and  he 
shall  issue  his  warrant  on  the  National  Treasurer  for  the 


214  LAWS   OF  THE 

amount  upon  any  money  in  the  Treasury,   not  otherwise 
appropriated. 
Approved,  October  22d,  1859. 


EESOLUTIONS  respecting  Female  Schools. 

Be  it  resolved,  by  tJie  General  Council  of  the  Choctaw  Nation, 
That  the  General  Council  of  the  Choctaw  Nation  is  disposed 
on  behalf  of  the  Choctaw  people,  to  make  a  contract  for  the 
continuance  of  the  Female  Boarding  Schools,  which  have 
heretofore  been  under  the  care  of  the  American  Board  of 
Foreign  Missions,  of  such  a  nature,  that  they  may  still  be 
under  the  charge  of  the  present  Superintendents  thereof, 
Provided,  such  a  contract  can  be  made  on  terms  agreeable 
to  all  parties  concerned. 

Be  it  furtJter  resolved,  That  Joseph  Dukes,  the  present 
Trustee  for  schools  in  Apuckshannubbee  District,  and  R.  W. 
Nail,  Superintendent  of  Trustees,  be  authorized,  on  the  part 
of  the  Choctaw  Nation,  as  soon  as  possible,  to  enter  into  a 
contract  with  the  Superintendents  of  the  several  Female 
Boarding  Schools,  at  Pine  Ridge,  "Wheelock,  and  Eagletown, 
or  with  others,  whereby  the  Female  schools  may  be  con- 
tinued. 

Be  it  further  resolved,  That  whenever  the  above  desired 
contract  is  effected,  R.  W.  Nail,  Superintendent  of  Trustees, 
shall  forthwith  inform  Gen.  D.  H.  Cooper,  U.  S.  Indian 
Agent,  of  the  existence  of  such  a  contract,  and  further  re- 
quest that  the  appropriations  for  the  above  named  Female 
Schools  be  paid  to  the  Superintendents  thereof  as  hereto- 
fore. 

Be  it  further  resolved,  That  the  sum  of  two  hundred  and 
sixty-six  dollars  and  sixty-seven  cents,  be  appropriated,  an- 
nually, for  four  years  only,  out  of  the  National  Treasury,  not 
otherwise  appropriated,  to  each  Female  School  named  above, 


CHOCTAW   NATION.  215 

in  case  the  contract  be  entered  into  between  said  Joseph 
Dukes  and  E.  W.  Nail,  and  the  Superintendents  thereof. 
Approved,  October  22d,  1859. 


AN  ACT  entitled  an  act,  appropriating  moneys  for  the  sup- 
port of  Neighborhood  Schools,  and  directing  the  manner 
of  disbursing  the  same. 

1.  Be  it  enacted  by  the  General,  Council  of  the  Choctaw  Nation, 
That  the  sum  of  four  hundred  dollars  be,  and  the  same  is 
hereby  set  apart,  out  of  any  funds  belonging  to  the  Choctaw 
Nation,  not  otherwise  appropriated,  for  the  support  of  the 
Neighborhood  School  at  Skullyville,  in  Mosholatubbee  Dis- 
trict, and  that  the  National  Auditor  is  hereby  authorized  to 
issue  his  warrant  for  the  same  on  the  order  of  "William  Wil- 
son, teacher  of  said  school. 

2.  Be  it  further  enacted,  That  the  sum  of  twenty-five  hun- 
dred dollars  be,  and  the  same  is  hereby  set  apart  out  of  any 
funds  of  the  Choctaw  Nation,  not  otherwise  appropriated, 
the  same  to  be  drawn  by  the  Trustee  for  schools  in  Mosho- 
latubbee District,  on  the  order  of  the  National  Auditor,  and 
to  be  disbursed  by  said  Trustee,  with  particular  regard  for 
the  schools  already  established,  which  may  be  in  a  flourish- 
ing condition,    and  for  those  localities  where  the  greatest 
number  of  children  can  be  benefited,  by  such  disbursement. 

3.  Be  it  further  enacted,  That  the  sum  of  twenty  five  hun- 
dred dollars  be  set  apart  out  of  any  funds  of  the  Choctaw 
Nation,  not  otherwise  appropriated,  for  the  support  of  neigh- 
borhood schools,  in  Apuckshannubbee  District,  and  that  the 
National  Auditor  be  and  is  hereby  authorized  to  issue  his 
warrant  on  the  National  Treasurer  for  the  same,  payable  to 
the  Trustee  of  schools  in  Apuckshanubbee  District,  and  that 
the  said  Trustee  is  hereby  instructed  to  pay  particular  at- 
tention, in  the  disbursement  of  the  funds  committed  to  his 


216  LAWS   OF  THE 

care,  to  the  wants  of  the  people  on  Eed  River,  in  the  neigh- 
borhood of  Willis  Jones,  and  on  Koiailli  Bok. 

4.  Be  it  further  enacted,  That  for  the  support  of  neighbor- 
hood schools  in  Pushamataha  District,  appropriations  be,  and 
the  same  are  hereby  made  out  of  any  funds  belonging  to  the 
Choctaw  Nation,  and  not  otherwise  appropriated,  as  follows, 
viz.  : 

For  the  school  at  Good  Land,  the  sum  of  four  hundred 
dollars,  is  hereby  appropriated,  to  be  paid  to  O.  P.  Stark. 

For  the  support  of  a  school  at  Good  Water,  in  the  neigh- 
borhood of  Jackson  Roberts,  the  sum  of  two  hundred  dol- 
lars is  hereby  appropriated,  to  be  paid  on  the  order  of  the 
Trustee  for  schools,  for  Pushamataha  District. 

For  the  support  of  a  school  at  Z.  Harrison's,  the  sum  of 
two  hundred  dollars  is  hereby  appropriated,  to  be  paid  to  Z. 
Harrison. 

For  the  support  of  a  school  at  Bennington,  the  sum  of 
three  hundred  and  fifty  dollars  is  hereby  appropriated,  to  be 
paid  to  C.  C.  Copeland. 

For  the  support  of  a  school  at  Elm  Grove,  the  sum  of  three 
hundred  and  fifty  dollars  is  hereby  appropriated  to  be  paid 
on  the  order  of  the  Trustee,  for  schools  in  Pushamataha 
District. 

For  the  support  of  a  neighborhood  school,  to  be  located 
at  Ephesus,  three  hundred  dollars  is  hereby  appropriated,  to 
be  paid  on  the  order  of  the  Trustee,  for  schools  in  Pushama- 
taha District. 

For  the  support  of  a  neighborhood  school  at  Yakni  Ok- 
chaya,  the  sum  of  three  hundred  dollar%  is  hereby  appro- 
priated to  be  paid  to  Mrs.  P.  T.  Hotchkins. 

For  the  support  of  schools  in  other  neighborhoods,  in  the 
same  district,  the  sum  of  eight  hundred  dollars  is  hereby  ap- 
propriated, to  be  paid  on  the  order  of  the  Trustee  for 
schools  in  Pushamataha  district ;  making  a  total  of  twenty- 
nine  hundred  dollars  for  the  support  of  neighborhood  schools 
in  Pushamataha  district. 


CHOCTAW   NATION.  217 

5.  Be  it  further  enacted,  That  the  Auditor  of  the  Choctaw  Na- 
tion is  hereby  authorized  to  issue  his  warrant  on  the  National 
Treasurer  of  the  Choctaw  Nation,  in  favor  of  the  several  per- 
sons named  as  the  proper  persons  to  receive  the  moneys  ap- 
propriated for  the  support  of  schools  in  Pushamataha  Dis- 
trict, for  the  amount  specified  for  the  several  schools  named 
in   connection   with   them ;  and  that  the  Treasurer   of  the 
Choctaw  Nation  is  hereby  required  to  pay  the  same  out  of 
any  funds  belonging  to  the  Choctaw  Nation,  not  otherwise 
appropriated. 

6.  Be  it  further  enacted,  That  the  specific  or   special  ap- 
propriations made  in  this  act  shall,  and  the  same  are  to  be 
considered  as  annual,  or  yearly,  until  otherwise  enacted  by 
the  General  Council  of  the  Choctaw  Nation. 

7.  Be  it  further  enacted,  That  this  act  be  in  force  from  and 
after  its  passage. 

Approved,  October  22d,  1859. 


RESOLUTION  relative  to  settling  with  the  National  Auditor  and 

Treasurer. 

Be  it  resdued  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  the  Governor  be  and  is  empowered  to  au- 
thorize two  individuals,  residing  in,  or  in  the  vicinity  of 
Skullyville,  to  examine  all  the  books  and  papers  of  both  the 
former  National  Auditor  and  Treasurer,  and  report  the  same 
to  the  Governor  at  an  early  a  day  as  practicable,  for  the  pur- 
pose of  relieving  the  former  National  Auditor's  and  Trea- 
surer's bond,  and  also  for  the  information  of  the  General 
Council. 

Approved,  October  22d,  ]  859. 


218  LAWS   OF  THE 

AN  ACT  entitled  an  act  authorizing  the  General  Superinten- 
dent of  Schools  to  examine  and  report  upon  funds  belong- 
ing to  this  Nation. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation, 
That  Robert  W.  Nail,  Superintendent  of  Public  Schools  of  the 
Choctaw  Nation,  is  empowered  to  proceed  to  Washington 
City,  as  early  as  practicable,  to  investigate  all  funds  due  the 
Choctaw  Nation,  arising  out  of  the  funds  known  as  Forty 
Youth  fund,  created  under  the  treaty  of  1830,  to  find  out  what 
amount  is' due,  with  interest,  and  report  to  the  next  General 
Council  by  whom,  if  any,  has  been  drawn. 

2. — Be  it  further  enacted,  That  the  said  Eobert  W.  Nail 
shall  be  entitled  to,  and  receive,  for  his  services,  in  going  to 
Washington  City,  in  attending  to  the  above,  the  sum  of  three 
hundred  dollars,  together  with  his  traveling  expenses,  going 
to  and  returning,  to  be  paid  out  of  the  Forty  Youth  fund. 

3. — Be  it  further  enacted,  That  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  22d,  1859. 


RESOLUTIONS  providing  for  the  election  of  delegates  to  a  Con- 
vention, to  amend  the  present  Constitution,  or  frame   a 


new  one. 


Whereas,  The  proclamation  of  Tandy  Walker,  ex-Gov- 
ernor of  the  Choctaw  Nation,  by  him  issued  on  the  28th  day 
of  September,  1859,  agreeable  to  an  act  of  the  General  Coun- 
cil, approved  October  20th,  A.  D.,  1858,  providing  for  the 
submission  to  a  vote  of  legally  qualified  voters  of  this  Na- 
tion, the  question  of  Convention  or  no  Convention,  for  the  pur- 
pose of  amending  the  present  Constitution,  or  framing  a  new 
one,  and 

Whereas,  The  voice  of  the  people  through  the  ballot  box 
has  been  almost  unanimous  in  favor  of  a  convention,  thereby 


CHOCTAW   NATION.  219 

declaring  that  it  is  the  wish  of  the  majority  of  the  people  of 
this  Nation  to  have  the  present  Constitution,  known  as  the 
Skullyville  Constitution,  and  now  the  paramount  law  of  the 
Nation,  amended,  or  a  new  one  submitted  in  its  stead  to  the 
people,  for  their  approval  or  rejection,  through  the  ballot 
box.  Now,  therefore, 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation, 
That  in  compliance  with  the  wish  of  a  majority  of  the  citi- 
zens of  this  Nation,  a  convention  shall  be  held  on  the  eleventh 
day  of  January,  A.  D.,  1860,  at  Doaksville,  for  the  purpose 
of  amending  the  present  Constitution,  or  submitting  a  new 
one. 

Be  it  further  resolved,  That  delegates  be  elected  to  said 
convention,  in  each  and  every  county  of  the  Choctaw  Nation, 
in  the  same  apportionment  as  represented  in  the  General 
Council,  provided  for  by  an  act  approved  the  27th  day  of  Oc- 
tober, A.  D.,  1858,  entitled  an  act  apportioning  the  repre- 
sentation of  the  counties  in  the  House  of  Representatives  of 
the  General  Council  of  the  Choctaw  Nation,  which  election 
shall  be  held  on  the  first  Wednesday  in  December,  A.  D., 
1859,  at  such  places  as  the  Board  of  Police  of  the  several 
counties  may  designate  in  their  respective  districts,  agree- 
able to  the  laws  defining  the  duties  of  said  Board,  etc. 

Be  it  further  resolved,  That  the  Governor  notify  each 
Sheriff  of  the  several  counties  of  this  Nation,  of  the  passage 
of  these  resolutions,  and  they  are  hereby  required  to  publish 
the  same  in  each  district  of  their  respective  counties. 

Be  it  further  resolved,  That  each  Justice  of  the  Pe  ce  is 
hereby  required  to  appoint  three  Judges  and  two  Clerks  of 
election,  in  his  respective  district,  and  said  Judges,  so  ap- 
pointed, shall,  before  entering  upon  the  discharge  of  their 
duties,  take  the  following  oath,  to  wit :  "  I  do  swear  that  I 
will  perform  the  duties  of  Judge  of  t!  e  present  election,  ac- 
cording to  law,  and  the  best  of  my  abilities,  and  that  I  will- 
studiously  endeavor  to  prevent  fraud  and  deceit  in  conduct 
iug  the  same." 


220  LAWS  OF  THE 

Be  it  further  resolved,  That  the  Clerks  of  each  election,  be- 
fore entering  on  the  discharge  of  their  duties,  as  Clerks  of 
election,  shall  take  an  oath  that  they  will  faithfully  record 
the  names  of  all  persons  voting,  and  carry  out  in  lines  and 
columns  all  the  votes  polled  at  such  election. 

Be  it  further  resolved,  That  in  case  there  be  no  Justice 
of  the  Peace,  or  other  officer,  legally  authorized  to  adminis- 
ter an  oath  to  said  election  Judges,  and  in  case  any  of  said 
Justices  of  the  Peace  shall  fail  to  appoint,  or  attend  their 
precinct,  then  the  voters  assembled  shall  choose  from  among 
themselves,  three  competent  persons,  as  Judges  of  election, 
who  shall  administer  the  oath,  one  to  another,  and  to  the 
Clerks,  and  the  Judges  so  administering  the  oath  shall  cer- 
tify to  the  same,  and  attach  his  certificate  to  the  poll-books, 
which  shall  be  sent,  sealed,  to  the  Judge  of  Probates  of  their 
respective  counties,  who  shall  open  and  count  the  same,  in 
the  presence  of  the  Sheriff,  and  the  person  receiving  the 
highest  number  of  votes  shall  be  elected,  and  said  Probate 
Judge  shall  issue  to  such  person  a  certificate  of  his  elec- 
tion ;  Provided  the  Clerks  of  election  shall  proclaim,  before 
sealing  and  forwarding  to  the  Judge  of  Probate,  the  num- 
ber of  votes  that  each  candidate  received  at  their  respective 
precincts. 

Be  it  further  resolved,  That  whenever  the  present  Constitu- 
tion is  amended,  or  a  new  one  framed,  by  the  said  convention, 
the  Governor  of  this  Nation  shall,  within  ten  days  after  said 
convention,  issue  his  Proclamation  to  the  people  of  the  Choc- 
taw  Nation,  calling  upon  them  to  vote,  on  a  day  to  be  by.  him 
fixed,  therein  named,  at  l«ast  sixty  days  after  the  date 
thereof,  upon  the  Constitution,  so  amended,  or  a  new  one 
framed,  for  their  ratification  or  rejection. 

Be  it  further  regolved,  That  the  Governor  shall  issue  his  writ 
of  election,  directed  to  the  Sheriff  of  each  county  in  the  Na- 
tion, commanding  him  to  publish  the  same  in  each  police 
district  of  their  respective  counties,  whereupon  the  Justices 


CHOCTAW   XATIOX.  221 

of  the  Peace  shall  appoint  and  qualify  three  Judges  and  two 
Clerks  pf  election,  in  their  respective  districts,  for  the  purpose 
of  allowing  the  legal  electors  of  this  Nation  to  vote,  on  the 
clay  fixed  by  the  Governor,  aforesaid,  upon  the  Constitution 
thus  submitted  to  them. 

Be  it  further  resolved,  That  the  returns  of  such  election 
shall  be  made  out  by  the  Clerks  thereof,  and  certified  to  be 
correct ;  sealed  up,  and  delivered  to  the  Sheriff,  by  the  Judges 
thereof,  which  said  Sheriff  shall  transmit,  by  some  safe  hand, 
or  by  mail,  to  the  Governor,  who  shall,  in  the  presence  of  one 
or  more  of  the  District  Chiefs,  open  and  count  them,  and  the 
said  Governor  shall  make  proclamation  of  the  number  of  all 
votes  cast  in  each  county  in  the  Nation,  for  or  against  the 
Constitution  so  submitted. 

Be  it  further  resolved,  That  the  majority  of  such  votes  shall 
appear  to  have  been  cast  in  favor  of  such  Constitution,  then 
that  Constitution  shall  go  into  operation  in  the  manner  as 
shall  be  directed  by  the  said  convention. 

Be  it  further  resolved,  That  the  Judges  and  Clerks  of  elec- 
tion shall  receive  for  their  services  the  sum  of  two  dollars 
each. 

Be  it  further  resolved,  That  the  delegates  attending  the 
convention  shall  be  allowed  the  same  compensation  as  the 
members  to  the  House  of  Representatives,  payable  out 
of  any  funds  in  the  National  Treasury,  not  otherwise  appro- 
priated. 

Be  if  further  resolved,  In  case  of  the  death  or  resignation 
of  any  delegate  elected  to  the  convention,  from  the  several 
counties  of  this  Nation,  the  Probate  Judge  shall  order  the 
Sheriff  to  give  notice  to  the  several  Justices  of  the  Peace  of 
his  county  to  hold  an  election,  in  accordance  with  the  election 
law,  above  specified,  to  fill  such  vacancy ;  provided,  there  be 
time  to  §ive  one  week's  notice  before  the  day  of  such  elec- 
tion. 

Approved,  October  24th,  1859. 


222  LAWS   OF   THE 

RESOLUTION  to  pay  Theodore  "Watkins  $25  for  the  use  of  his 

house.  . 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation, 
That  the  sum  of  twenty-five  dollars  be  allowed  Theodore 
Watkins  for  the  use  of  his  house  as  a  Senate  Chamber,  and 
that  the  National  Auditor  is  hereby  authorized  and  directed 
to  issue  a  warrant  for  the  same  upon  any  money  in  the  Na- 
tional Treasury  not  otherwise  appropriated. 

Approved  October  24th,  1859. 


KESOLTJTIONS  relative  to  the  International  Council. 

That,  whereas,  the  Creek  Nation  of  Indians  have,  through 
their  legally  constituted  authorities,  requested,  and  extended 
to  this  Nation  a  seat,  by  delegation,  in  an  International  Coun- 
cil of  Nations,  to  be  held  on  the  sixth  day  of  November, 
A.  D.,  1859,  at  North  Fork  fission,  with  the  avowed  purpose 
of  framing  and  adopting  a  code  of  International  Laws,  to  be 
regarded  and  adhered  to  by  the  Nations  participating  in  such 
General  Council  of  Nations,  as  the  law  governing  the  inter- 
course policy  towards  each  other,  and  between  them. 

And,  whereas,  it  is  incumbent  upon  this  Nation,  as  well  as 
others,  to  protect  its  existence,  and  to  protect  the  rights  and 
interests  of  her  citizens  in  every  particular. 

Therefore,  Be  it  resolved  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  Governor  be  requested  to 
prescribe  to  the  delegation,  by  him  appointed,  an  outline  of 
their  powers ;  to  consist  in  part  of  the  following,  to  wit :  That 
should  such  international  Council  be  assembled  to  form  a 
code  of  laws  governing  their  civil  intercourse,  then  the  dele- 
gates on  the  part  of  this  Nation  shall  take  their  seats  in  said 
Council ;  but  if  the  object  of  the  Council  be  to  encourage  the 
separate  independence  of  any  Nation,  not  recognize^  by  the 
Choctaws  as  such,  then,  and  in  that  case  they  shall  withdraw 
from  such  Council,  and,  if  need  be,  protest  against  such  re- 


CHOCTAW  NATION.  223 

cognition  of  independency,  and  should  such  delegates  take 
their  seats  in  such  Council,  they  shall  endeavor  to  protect 
this  Nation  from  the  infringements  of  existing  treaties  with 
the  Nations  thus  in  Council  assembled,  and  also  to  protect 
the  rights  and  interest  of  the  citizens  of  this  Nation. 

Be  it  further  resolved,  That  the  intercourse  laws  enacted  and 
passed  in  the  Council,  shall  be  submitted  to  the  General 
Council  of  this  Nation,  for  their  approval  or  rejection,  before 
the  same  shall  be  binding  on  the  part  of  this  Nation. 

Be  itfurtJier  resolved,  That  the  Choctaw  people  cannot,  by  any 
reasoning  or  construction  of  the  treaty  of  1855,  recognize  the 
separate  nationality  of  the  Chickasaws,  as  the  country  is  held 
in  common  by  the  Choctaws  and  Chickasaws,  and  identified 
with  each  other  in  every  interest  as  a  people. 

Be  it  further  resolved,  That  the  Choctaw  delegation  make 
overtures  of  co-operation,  as  one  delegation,  to  the  Chick- 
asaw  delegation,  and  sign  together  as  one  delegation  all  laws, 
acts  and  resolutions  that  may  be  incumbent  on  them  to  sign 
as  delegates,  &c. 

Approved,  October  24th,  1859. 


AN  ACT  appropriating  $3,000  to  F.  M.  Paine,  Superintendent 
of  Fort  Coffee  and  New  Hope  schools. 

Your  committee,  to  whom  was  referred  the  report  of  the 
Superintendent  of  Fort  Coffee  and  New  Hope,  after  mature 
deliberation  and  consultation,  beg  leave  to  say,  that  it  ap- 
pears to  your  committee  that  the  amount  asked  should  be 
allowed  for  the  reason  that  so  much  of  the  first  appropriation 
to  said  institutions  was  applied  to  annuity  purposes,  after  the 
contract  had  been  entered  into  by  the  Nation  and  by  the 
Methodist  Board. 

Be  it  enacted,  ly  the  General  Council  of  the  Choctaw  Nation, 
That  the  sum  of  three  thousand  dollars  be,  and  is  hereby  set 


224  LAWS  OF   THE 

apart,  out  of  any  money  in  the  Treasury,  not  otherwise  ap- 
propriated, to  pay  F.  M.  Paine,  Superintendent  of  Fort  Coffee 
and  New  Hope  schools,  to  enable  the  said  Superintendent  to 
pay  the  debts  standing  against  the  above  institution. 

And  be  it  further  enacted,  That  the  National  Auditor  is 
hereby  required  to  issue  his  warrant  on  the  National  Treas- 
ury for  the  same. 

Approved,  October  24th,  1859. 


AN  ACT  appropriating  money  to  pay  Allen  Wright  for  the  use 
of  the  brick  church  for  Representatives. 

Be  it  enacted  by  the  General  Council  of  the-'&hoctaw  Nation, 
That  the  sum  of  twenty-five  dollars  be  and  is  hereby  appro- 
priated, out  of  any  funds  not  otherwise  appropriated,  to  pay 
Allen  Wright,  for  the  use  of  the  brick  church  by  the  Repre- 
sentatives during  the  present  session  of  the  General  Council, 
and  that  the  National  Auditor  be  directed  to  issue  his  war- 
rant on  the  National  Treasury  for  the  same. 

Approved,  October  24th,  1859. 


AN  ACT  making  an  appropriation  to  pay  Martin  Chuckmubbee 
balance  of  salary. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation, 
That  the  sum  of  twenty-six  dollars  and  thirteen  cents  be  and 
is  hereby  appropriated,  out  of  any  moneys  not  otherwise  ap- 
propriated, to  pay  Martin  Chuckmubbee,  for  services  ren- 
dered as  County  Judge  in  Atoka  county,  from  1st  of  March 
to  the  1st  of  October,  A.  D.  1859  ;  which  being  the  balance 
due  him  on  his  salary.  The  National  Auditor  is  hereby 
required  to  issue  his  warrant  on  the  National  Treasury  for 
the  same. 

Approved,  October  25th,  1859. 


CHOCTAW   NATION.  225 

RESOLUTION  requesting  the  Governor  to  have  the  Acts  and 
.  Resolutions  of  this  Session  printed. 

Be  it  resdved  by  the  General  Council  of  the  Choctaw  Nation,  That 
the  Governor  be  requested  to  have  the  Acts  and  Resolutions, 
passed  at  the  present  session  of  the  General  Council,  printed 
in  pamphlet  form,  in  both  the  English  and  Choctaw  lan- 
guages, at  as  early  a  day  as  possible,  and  upon  the  receipt  of  a 
sufficient  number  of  copies,  to  order  the  distribution  of  them 
as  directed  by  law. 

Approved,  October  25th,  1859. 


RESOLUTIONS  giving  a  certain  per  diem  to  the  National 

Officers. 

Be  it  resdved  by  the  General  Council  of  the  Choctaw  Nation, 
That  the  sum  of  two  dollars  per  day,  for  each  day's  actual 
attendance  upon  the  General  Council,  at  the  present  session, 
be  and  the  same  is  hereby  allowed  the  Executive,  National 
Secretary,  National  Auditor,  and  National  Treasurer,  in  addi- 
tion to  the  salary,  fixed  by  law  for  such  officers,  and  that  the 
National  Auditor  is  hereby  directed  to  issue  his  warrant  upon 
the  National  Treasury  for  the  amount  of  per  diem  in  the  man- 
ner of  paying  regular  salaries ;  Provided,  that  this  resolution 
shall  not  be  so  construed  as  to  allow  said  officers  such  per 
diem  at  any  further  session  of  the  General  Council  of  the 
Choctaw  Nation. 

Be  it  further  resdved,' Thai  the  sum  of  one  dollar  per  day, 
for  each  day's  actual  attendance  upon  the  General  Council, 
at  the  present  Session,  be  and  the  same  is  hereby  allowed 
Rev.  Cyrus  Kingsbury,  the  Chaplain,  and  the  National  Au- 
ditor is  hereby  directed  to  issue  his  warrant  upon  the  Na- 
tional Treasury  for  the  same. 

Be  it  further  resdved,  That    th&  resolution  take  effect 

15 


226  LAWS   OF  THE 

and  be  in  force  from  its  passage  until  said  officers  receive 
the  per  diem  aforesaid  and  no  longer. 
Approved,  October  25th,  1859. 


ADJOURNMENT. 

Resdved,  That  the  General  Council  adjourn  this  evening  at 
five  o'clock.     October  25th,  1859. 
Approved,  October  25th,  1859. 


A  SUPPLEMENTAL  ACT  to  an  Act,  entitled  an  act  defining  the 
duties  and  powers  of  the  Commissioners,  the  jurisdiction 
of  the  Court  of  Claims,  fixing  their  pay,  and  for  other  pur- 
poses. 

Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation, 
'That  the  Board  of  Commissioners  is  hereby  further  author- 
ized and  directed,  that  in  case  the  United  States  Agent  for 
the  Choctaws  and  Chickasaws  is  to  act  and  co-operate  with 
the  Board  of  Commissioners,  on  the  part  of  the  Choctaws,  in 
settling  and  adjudicating  all  individual  claims  arising  under 
the  Treaty  of  A.  D.  1855,  then  the  said  Board,  in  conjunction 
with  the  United  States' Agent,  shall  have  the  power  to  change 
and  to  fix  the  time  of  meeting  to  suit  the  convenience  of  the 
said  Agent. 

And  be  it  further  enacted,  That  the  limitation,  as  specified  in 
the  5th  Section,  shall  not  be  so  construed  as  to  take  effect 
from  the  passage  of  the  said  act,  but  to  commence  from  the 
time  that  the  Board  shall  first  meet  to  determine  and  adjudi- 
cate claims. 

Approved,  October  25th,  185.9. 


AN  ACT  relative  to  the  Eastern  Boundary  Line. 
Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation, 


CHOCTAW   NATION.  227 

That  the  Resolutions,  passed  at  the  Regular  Session  of  the 
General  Council,  1858,  and  approved  October,  27,  A.  D.- 
1858,  directing  the  present  Choctaw  delegation,  at  Washing- 
ton City,  composed  of  Samuel  Garland,  P.  P.  Pitchlynn,  and 
Israel  Folsom,  to  take  into  consideration  all  matters  arising 
in  relation  to  the  running  of  the  eastern  boundary  line  of  the 
Choctaw  Nation,  by  direction  of  the  Government  of  the 
United  States,  and  determine  and  agree  upon  the  compen- 
sation to  be  allowed  by  the  Government  of  the  United  States, 
in  consideration  of  that  portion  of  the  Territory  of  this  Na- 
tion, found  to  be  within  the  limits  of  the  State  of  Arkansas, 
is  hereby  wholly  revoked,  and  rendered  null  and  void,  from 
and  after  the  passage  of  this  act. 

Be  it  further  enacted,  That  the  present  delegates  now 
at  Washington,  be  instructed  and  authorized,  to  protest  be- 
fore the  proper  department,  in  regard  to  the  running  of  the 
eastern  boundary  line  between  the  Choctaw  country  and  the 
State  of  Arkansas,  and  contend  for  the  true  line  in  accord- 
ance with  the  Treaty  of  June,  A.  D.,  1855. 

Be  it  further  enacted,  That  said  delegates  shall  not  be  enti- 
tled to  any  pay  for  such  supervision,  etc. 

Approved,  October  25th,  1859. 


ACTS  AND  RESOLUTIONS 

PASSED   AT 
THE  OCTOBER  SESSION,  A.  D,  1860. 

AN  ACT  entitled  an  act  to  define  certain  duties  of  the  Prin- 
cipal Chief  of  the  Choctaw  Nation,  and  to  establish  his 
salary. 

SEC.  1.  — Be  it  enacted  ly  the  General  Council  of  the  Choctaw 
Nation  assembled,  In  addition  to  the  powers  vested  in  the 


228  LAWS   OF  THE 

Principal  Chief  of  this  Nation,  by  the  new  Constitution,  he 
shall  have  power  to  remove  from  office  any  National,  District, 
or  County  Officer,  for  the  causes  and  under  the  restrictions 
following,  to  wit :  In  case  the  securities,  or  either  of  them, 
of  any  National  or  County  Officer,  who  may  be  required  to 
give  bond  and  security  for  the  faithful  performance  of  his 
duty,  by  any  law  of  this  Nation,  shall  remove  his  or  their 
residence  out  of  this  Nation  permanently,  or  shall  become 
insolvent,  or  shall  be  convicted  of  a  violation  of  any  of  the 
provisions  of  an  act  entitled  "  An  act  to  prevent  the  use  of 
intoxicating  liquors  in  the  Choctaw  Nation,"  it  shall  be  the 
duty  of  the  Principal  Chief,  in  case  of  a  National  Officer,  or 
any  County  Officer,  on  satisfactory  information  of  any  such 
removal  or  insolvency,  to  notify  such  officer  to  appear  before 
him,  at  a  day  and  place  therein  named,  within  twenty  days 
thereafter,  to  give  a  new  bond,  with  other  good  and  sufficient 
security,  in  a  penalty  equal  to  that  of  the  former  bond,  with 
the  like  condition.  And  if  such  officer  shall  neglect  or  refuse 
to  do  so,  or  if,  on  satisfactory  showing  of  his  condition  as 
aforesaid,  if  he  be  a  National  officer,  the  Principal  Chief  shall 
forthwith  vacate  his  commission,  and  the  vacancy  shall  be 
supplied  as  the  Constitution  prescribes. 

SEC.  %.—Be  it  further  enacted,  That  if  the  officer  so  refusing 
or  neglecting,  be  a  County  Officer,  the  District  Chief  shall 
immediately,  after  the  expiration  of  the  notice  required  to 
be  given  by  the  preceding  section,  or  in  case  of  the  convic- 
tion of  a  County  Officer,  as  therein  specified,  certify  the  fact 
.to  the  Principal  Chief,  who  shall  thereupon  vacate  the  com- 
mission or  appointment  of  such  County  Officer,  and  the  va- 
cancy occasioned  thereby  shall  be  supplied  in  the  manner  as 
prescribed  in  the  Constitution  for  filling  the  like  vacancies. 

SEC.  3. — Be  it  further  enacted,  That  if  any  National  or  County 
Officer  shall  be  found  by  inquest,  according  to  law,  an  idiot, 
lunatic,  or  non  compos  mentis,  during  the  time  for  which  he  is 
elected  or  appointed,  or  shall,  during  such  time,  be  found,  by 


CHOCTAW   NATION.  229 

the  verdict  of  a  jury,  guilty  of  any  felony,  infamous  crime, 
corruption  or  peculation  in  office,  gambling  with  public 
money  in  this  Nation,  which  may  have  come  into  his  hand 
by  virtue  of  his  office,  the  commission  of  every  such  officer 
shall  be  deemed  and  held  and  vacated,  and  such  vacancy 
shall  be  supplied  as  the  Constitution  provides. 

SEC.  4. — Be  it  further  enacted,  That  the  Principal  Chief  shall, 
at  stated  times,  require  information,  in  writing,  from  all  offi- 
cers in  the  Executive  Department,  on  any  subject  relating  to 
their  duties,  and  embody  such  parts  of  the  same  as  are  of 
public  concern  in  his  communication  to  the*  General  Council, 
to  be  nfade  from  time  to  time.  The  Principal  Chief  shall 
procure,  at  an  early  day,  at  the  cost  of  the  Nation,  a  great 
seal  of  the  Nation,  with  the  words  "The  great  Seal  of  the 
Choctaw  Nation,"  around  the  edge,  and  a  design  of  an  un- 
strung bow,  with  three  arrows  and  a  pipe-hatchet  blended 
together,  engraven  in  the  centre,  which  shall  be  the  proper 
seal  of  this  Nation  until  altered  by  the  General  Council,  with 
the  concurrence  of  1  oth  Houses  thereof.  Until  said  seal  is 
procured,  all  official  acts  of  the  Principal  Chief  and  Na- 
tional Secretary,  shall  be  valid  with  the  use  of  their  private 
scroll  or  seal,  with  the  words  annexed,  "  there  being  no  pub- 
lic seal." 

SEC.  5. — Be  it  further  enacted,  That  the  Principal  Chief  shall 
have  the  superintendence  of  the  offices  of  National  Treasurer 
and  National  Auditor,  during  the  recess  of  the  General  Coun- 
cil, and  he  shall  take  care  that  they  respectively  perform  the 
duties  required  of  them  by  law,  without  fraud,  partiality  or 
delay ;  and  if  it  shall  satisfactorily  appear  to  him  at  any  time 
that  the  money  or  other  property  of  the  Nation,  in  the  Trea- 
sury has  been  misapplied,  wasted,  or  embezzled,  he  shall  di- 
rect the  National  Attorney,  or  District  Attorney,  to  proceed 
according  to  law,  against  such  defaulter  on  hi*  or  their 
bonds. 

SEC.  6. — Be  it  further  enacted,  That  the  Principal  Chief  of 


230  LAWS  OF  THE 

this  Nation  shall  have  full  power  and  authority,  whenever  he 
may  think  the  public  interest  requires  it,  to  make  a  personal 
inspection  of  all  the  books,  vouchers,  and  other  official 
papers  in  the  offices  of  the  National  Auditor  and  N  ational 
Treasurer,  and  to  count  the  moneys  in  the  Treasury. 

gEC.  l.—Be  {(further  enacted,  That  if  the  Principal  Chief  of 
this  Nation  shall  discover,  or  have  cause  to  suspect  any  em- 
bezzlement, peculation,  defalcation  or  frauds  to  have  been 
committed  or  perpetrated  in  either  of  these  departments  of 
the  government,  he  shall  forthwith  apply  to  any  Judge  for  a 
warrant,  to  arrest  the  officer  in  whose  office  such  embezzle- 
ment, peculation,  defalcation  or  fraud  shall  have  betn  com- 
mitted or  suspected  to  have  been  committed.  And  it  shall 
be  the  duty  of  such  Judge  to  grant  the  said  warrant  or  other 
process,  and  to  have  such  officer  arrested  and  brought  be- 
fore him  for  trial  and  examination.  And  if  the  said  Judge 
shall  certify  that  after  a  full  and  perfect  examination  of  all 
the  facts  in  the  case  there  is  probably  ground  to  believe  that 
said  officer  has  been  guilty  of  some  embezzlement,  defalca- 
tion, peculation  or  fraud,  then  the  Principal  Chief  shall  sus- 
pend the  said  Auditor  or  Treasurer,  as  the  case  may  be, 
from  the  further  exercise  of  his  official  duties,  and  to  make  a 
temporary  appointment  to  fill  his  place  until  the  Court  of  the 
County  shall  determine  that  said  officer  was  improperly  re- 
moved or  suspended,  or  that  the  same  was  done  without  a 
sufficient  cause. 

SEC.  8. — Be  it  further  enacted,  That  a  sum  not  exceeding 
four  hundred  dollars  shall  be  annually  appropriated  for  the 
use  of  the  Executive  Department  of  the  government  for  the 
contingent  expenses  thereof,  to  be  accounted  for  by  the  Prin- 
cipal Chief  to  the  General  Council  at  each  session  thereof ; 
and  it  shall  be  the  duty  of  the  National  Auditor,  from  time  to 
time,  on  tfte  written  order  of  the  Principal  Chief,  stating  the 
uses  of  any  sum  of  money  for  contingent  purposes,  to  issue 
his  warrant  on  the  Treasury  of  the  Nation  therefor. 


CHOCTAW  NATION.  231 

SEC.  9. — Be  it  further  enacted,  That  no  officer  of  the  Nation 
shall  enter  into  a  contract  of  any  kind  on  behalf  of  the  Na- 
tion, without  being  specially  authorized  thereto  by  law. 

SEC.  10. — Be  it  further  enacted,  That  the  Principal  Chief  of 
this  Nation  shall  receive  for  his  services  the  sum  of  one  thou- 
sand dollars  a  year,  payable  quarterly,  from  the  date  of  his 
installation,  out  of  the  Treasury  of  the  Nation,  upon  his 
written  order  at  such  times,  and  the  National  Auditor  shall 
issue  his  warrant  therefor,  and  the  National  Treasurer  shall 
pay  the  same. 

SEC.  11. — Be  it  further  enacted,  .  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  16th,  1860. 


AN  ACT  entitled  an  act  to  define  the  duties  of  the  District 
Chiefs  of  the  Choctaw  Nation  and  fixing  the  pay  of  each. 

SEC.  1. — Be  it  enacted  ~by  the  General  Council  of  the  Choctaw 
Nation,  That  there  shall  be  elected  by  the  qualified  voters  of 
the  Choctaw  Nation,  at  the  time  and  in  the  manner  prescribed 
by  the  Constitution,  District  Chiefs  in  each  District  of  this 
Nation,  who  shall  be  commissioned  by  the  Principal  Chief, 
and  shall  continue  in  the  office  for  the  term  of  two  years 
from  the  time  of  his  having  been  qualified  unless  sooner  re- 
moved, and  until  their  successors  be  duly  qualified  ;  and  be- 
fore they  enter  upon  the  discharge  of  their  official  duties,  they 
shall  take  the  oath  prescribed  in  the  Constitution  before  the 
Principal  Chief  or  any.  Judge  of  the  Supreme  or  Circuit 
Courts,  County  Judge  of  any  County  in  the  Nation. 

SEC.  2. — Be  it  further  enacted,  That  each  Chief  shall  be 
within  his  District  a  general  conservator  of  the  peace,  and 
for  this  purpose  he  shall  have  power  to  appoint  sufficient 

i 


232  LAWS  OF  THE 

number  of  light-horse  men  in  their  respective  District  to 
wit:  In  Apuckshunubbee  District,  Towson  County,  three 
light-horse  men ;  Bed  Eiver  County,  three  ;  Boktuklo  Coun- 
ty, two  ;  Eagle  County,  two ;  Nashoba  County,  one ;  Wade 
County  one,  and  Cedar  County  two  ;  in  Pushamataha  District, 
Kiamichi  County,  three  light-horse  men  ;  Blue  County,  three ; 
Atoka  County  one,  and  Jack's  Fork  County  one  ;  in  Mosho- 
latubbee  District,  Skullyville  County,  three  light-horse  men  ; 
Sugar-Loaf  County,  two  ;  Sans  Bois  County,  two  ;  Gains 
County  one,  and  Tobucksy  County  one  light-horse  man  ;  he 
shall  see  that  the  laws  are  faithfully  executed,  especially, 
"  An  act  entitled  an  act  to  prevent  the  introduction  and  use 
of  intoxicating  liquor  in  the  Choctaw  Nation,"  executed  by 
the  proper  officers  having  charge  of  them,  and  report  to  the 
Principal  Chief,  for  the  information  of  the  General  Council, 
any  failure  occurring  therein  ;  he  shall  recommend  to  him 
from  time  to  time  any  matter  for  the  general  good,  and  when 
the  Principal  Chief  shall  deem  it  proper  and  expedient,  and 
shall  give  them  written  notice  of  the  time  and  place  of  meet- 
ing, they  shall  compose  an  Executive  Council,  to  furnish  any 
desired  information  respecting  their  several  Districts. 

SEC.  3. — Be  it  further  enacted,  That  said  Chiefs  shall  in  no 
manner  interfere  with  the  proper  exercise  of  the  duties  pre- 
scribed by  law  of  any  officers  in  this  Nation,  excepting  only 
the  light-horse  men  under  his  immediate  control,  National, 
Circuit,  or  County  Court,  Executive,  Ministerial,  or  Judicial, 
and  upon  presentment  and  conviction  thereof  before  any  Cir- 
cuit Court *of  this  Nation,  shall  be  deemed  guilty  of  misde- 
meanor in  office,  and  they  shall  be  removed  from  office  by 
impeachment,  and  the  vacancy  so  occurred  shall  be  filled  by 
the  Principal  Chief,  as  provided  in  the  Constitution. 

SEC.  4. — Be  it  further  enacted,  That  the  Chief  of  each  Dis- 
trict shall  be  entitled  to  and  receive  as  a  compensation  for 
his  services  a  sum  at  the  rate  of  two  hundred  and  fifty  dol- 
lars a  year,  payable  quarter-yearly  out  of  the  National  Trea- 


CHOCTAW   NATION.  233 

sury,  upon  the  National  Auditor's  warrant,  issued  in  like 
manner  with  warrants  for  other  officer's  salaries. 

SEC.  5. — Be  it  further  enacted,  That  each  Chief  in  their  re- 
spective District  to  furnish  the  list  of  the  names  of  the 
light-horse  men  to  the  Principal  Chief  of  the  Choctaw  Na- 
tion, who  shall  receive  their  commissions  from  the  Principal 
Chief,  and  shall  take  the  oath  of  office  before  they  enter  upon 
their  official  duties  by  the  District  Chief,  or  any  Judge  of 
the  Nation,  and  subscribed  on  the  back  of  their  commission, 
and  who  shall  serve  for  the  term  of  two  years,  unless  sooner 
removed  by  the  District  Chief. 

SEC.  6. — Be  it  further  enacted,  That  such  light-horse  men 
shall  be  entitled  to  receive  as  a  compensation  for  their  ser- 
vices, a  sum  of  one  hundred  and  fifty  dollars  a  year  each,  to 
be  paid  quarter-yearly  on  the  District  Chief's  order  to  the 
National  Auditor,  who  is  directed  to  issue  his  warrant  on  the 
National  Treasury  for  the  same. 

SEC.  7. — Be  it  further  enacted,  That  each  District  Chief  of 
this  Nation  shall  attend  the  Circuit  Courts  of  his  own  District 
to  address  the  people  on  the  importance  of  obeying  and  en- 
forcing the  law,  and  maintaining  good  order  throughout  this 
Nation,  and  also  to  the  practice  of  temperance,  industry  and 
morality.  . 

SEC.  8. — Be  it  further  enacted,  That  all  acts  and  parts  of  acts 
heretofore  passed,  coming  in  conflict  in  anywise  with  the 
provisions  of  this  act  be,  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  October  24th,  1860. 


234  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  prescribe  the  duties  of  the  National 
Secretary,  and  to  establish  his  salary. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  the  Choctaw 
Nation  shall  appoint  in  the  manner  prescribed  by  the  new 
Constitution,  a  National  Secretary,  who  shall  reside  at,  or 
near,  and  keep  his  office  at  the  seat  of  government ;  he  shall 
carefully  preserve  the  official  books,  public  library,  papers, 
records  and  furniture  belonging  to  the  same. 

SEC.  2. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Secretary  to  take  charge  of  and  safely  keep  in 
his  office  the,  journals,  papers,  documents  and  proceedings  of 
both  Houses  of  the  General  Council  during  the  recess  there- 
of, and  the  Secretary  of  the  Senate  and  Clerk  of  the  House 
of  Representatives  shall  deliver  to  him,  immediately  on  the 
adjournment  of  the  General  Council,  every  document  and 
paper  in  anywise  appertaining  to  the  same.  The  National 
Secretary  shall  also  collect  together  and  take  charge  of  all 
books,  papers,  documents,  journals  of  both  Houses  of  the 
General  Council,  and  manuscript  and  printed  laws  passed 
under  Skullyville  Constitution  in  the  hands  of  the  late  Gov- 
ernor, National  Secretary,  and  other  persons  belonging  to 
the  Nation. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Secretary 
shall,  as  soon  as  practicable  after  the  adjournment  of  the 
Council,  and  until  the  laws  are  printed  and  distributed,  cause 
to  be  made. three  correct  copies  of  the  acts  and  resolutions 
of  each  session  for  the  use  of  the  Judges  of  the  Circuib 
Courts ;  and  the  person  he  shall  employ  to  copy  the  same 
shall  be  allowed  five  cents  for  every  hundred  words  thereof. 
On  the  certificate  of  the  National  Secretary  the  National 
Auditor  shall  issue  his  warrant  on  the  National  Treasury  for 
the  amount. 

SEC.  4. — Be  it  further  enacted,  That  the  National  Secretary 
shall,  upon  application  of  any  person  or  persons,  make  out  o, 


CHOCTAW   NATION.  235 

correct  copy  or  copies  of  any  act  or  acts  of  the  General 
Council,  and  certify  the  same  to  be  correct  in  his  official 
capacity,  and  shall  be  entitled  to  receive  for  the  same  six 
cents  for  every  hundred  words  thereof,  and  the  National 
Secretary  shall,  as  soon  as  practicable,  make  out  or  cause  to 
be  made  out,  without  charge,  a  correct  copy  of  all  acts  and 
resolutions  passed  by  the  General  Council  that  may  be  re- 
quired by  the  Principal  Chief,  for  the  purpose  of  having  the 
same  printed. 

SEC.  5. — Be  it  further  enacted ',  That  when  laws  of  this  Na- 
tion shall  be  printed,  the  National  Secretary,  under  the  di- 
rection of  the  Principal  Chief,  on  receiving  such  number  of 
copies  of  the  laws,  shall  forthwith  cause  disposition  and  dis- 
tribution thereof  as  follows  :  to  each  County  Judge,  County 
Treasurer,  Sheriff,  Light-horse  me*n,  Clerk  of  the  Circuit 
Court,  District  Attorney,  Circuit  Judge,  Suprenfe  Judge, 
Auditor,  Treasurer,  National  Attorney,  Secretary,  and  the 
Principal  Chief,  one  copy,  the  remaining  copies,  except  other- 
wise disposed  of,  to  be  deposited  in  the  office  of  the  National 
Secretary,  for  future  distribution,  according  to  law. 

SEC.  6. — Be  it  further  enacted,  That  the  National  Secretary 
shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  Principal  Chief,  and  shall,  when  required,  lay  the 
same,  and  all  papers,  minutes,  and  vouchers,  relative  thereto, 
before  the  General  Council,  and  shall  perform  such  other 
duties  as  shall,  from  time  to  time,  be  required  of  him  by 
law  ;  he  shall  keep  and  preserve  the  returns  of  all  elections 
held  in  this  Nation,  and  lay  the  same  and  all  other  official 
documents  before  the  General  Council  when  thereto  required, 
and  he  shall  receive  for  his  annual  salary,  in  quarterly  pay- 
ments, after  the  same  shall  have  been  audited  according  to 
law,  the  sum  of  six  hundred  dollars. 

SEC.  7.—  Be  it  further  enacted,  That  whenever  any  person 
shall  desire  a  certificate  under  the  seal  of  this  Nation,  of 
official  character,  of  any  Judge,  or  other  officer  of  this  Na- 


236  LAWS  OF  THE 

tion,  it  shall  be  the  duty  of  the  National  Secretary  to  furnish 
the  same,  under  the  seal  of  the  Nation,  signed  by  the  Princi- 
pal Chief,  and  counter-signed  by  himself,  and  for  every  such 
certificate  so  issued,  the  National  Secretary  may  be  entitled 
to  demand  and  receive  from  the  person  desiring  the  same, 
fifty  cents,  out  of  which  he  shall  defray  all  expenses  attend- 
ing the  same. 

SEC.  8. — Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  October  16,  1860. 


AN  ACT  entitled  an  act  to  define  the  duties  of  the  National 
Treasurer,  and  to  fix  his  salary. 


SEC.  1.  —  Be  it  enacted  by  the  General  Council  of  the 
Nation  assembled,  There  shall  be  appointed  the  National 
Treasurer  of  the  Choetaw  Nation,  in  the  manner  prescribed 
in  the  new  constitution,  who  shall  be  commissioned  by  the 
Principal  Chief,  and  shall  hold  his  office  for  the  term  of  two 
years,  and  until  his  successor  be  duly  qualified,  unless  sooner 
removed  ;  he  shall  keep  his  office  at  the  seat  of  Government, 
at  or  near  which  he  shall  reside  ;  and  before  he  shall  enter 
upon  the  discharge  of  his  official  duties  he  shall  take  the 
oath  prescribed  in  the  Constitution  before  any  Judge  of  the 
Supreme  Court  and  Circuit  Court,  or  County  Judge  of  any 
county  in  this  Nation,  and  enter  into  bond  with  two  or  more 
good  and  sufficient  securities,  to  be  approved  of  by  .the  Prin- 
cipal Chief,  in  the  penalty  of  twenty  thousand  dollars,  pay- 
able to  the  Principal  Chief  of  the  Nation  by  name  for  the 
time  being  and  his  successors  in  office,  conditioned  as  here- 
inafter directed. 

SEC.  2.  —  Be  it  further  enacted,  The  condition  of  the  Trea- 
surer's bond  shall  be  in  the  form,  or  to  the  effect  following, 


CHOCTAW  NATION.  237 

to  wit :  "  The  condition  of  the  above  obligation  is  such  that 

whereas  the  above  bound was  on  the day  of 

one  thousand  eight  hundred  and ,  duly  appointed  as  the 

Constitution  prescribes,  the  Treasurer  of  the  Choctaw  Nation 
for  the  Constitutional  term  of  two  years,  from  the  date  of 
this  bond  and  his  oath  of  office,  hereon  written.  Now,  there- 
fore, if  the  said  —  —  shall  from  time  to  time,  and  at  all  times, 
render  a  just  and  true  account  to  the  General  Council  of  the 
Choctaw  Nation,  when  by  them  thereto  required,  of  all 
moneys,  securities,  and  other  property  of  the  said  Nation, 
which  shall  come  into  hands  or  be  committed  to  his  charge, 
and  deliver  the  moneys,  securities,  and  other  property  of  the 
said  Nation,  in  his  hands  at  the  expiration  of  his  term  of 
office,  together  with  all  documents,  instruments  of  writing, 
papers  or  books,  which  shall  be  made,  done  or  committed 
by  him,  or  by  any  person  or  persons,  by  him  employed  in 
said  office,  then  this  obligation  to  be  void,  otherwise  to  be 
and  remain  in  full  force  and  virtue,"  which  bond  shall  be 
submitted  to  the  Principal  Chief,  and  his  approbation  of  the 
securities  therein  named  shall  be  endorsed  thereon,  as  also 
the  oath  of  office  written  and  certified  by  the  person  admin- 
istering the  same,  with  the  proper  date,  which  bond  so  ap- 
proved and  prepared  shall  be  deposited  in  the  office  of  the 
National  Secretary,  there  to  be  recorded  and  safely  kept 
and  preserved,  and  the  said  bond  shall  not  be  void  on  the 
first  recovery,  but  may  be  put  in  suit  and  prosecuted  on  from 
time  to  time,  at  the  cost  and  charges  of  any  party  injured, 
until  the  whole  amount  of  the  penalty  thereof  shall  have 
been  secured,  and  an  authenticated  copy  of  the  said  bond 
shall  be  received  in  evidence  in  any  court  of  law  or  equity  in 
this  Nation,  and  shall  be  as  authentic  and  valid,  as  matter  of 
evidence,  as  the  original  would  be  if  it  were  produced  in 
court. 

SEC.  3. — Be  it  further  enacted,  No  commission  shall  issue  to 
the  National  Treasurer  appointed,  until  bond  and  security 


238 

be  given,  approved  of  and  deposited  in  the  Office  of  the  Na- 
tional Secretary,  as  hereinbefore  required,  and  if  the  same 
National  Treasurer  appointed  shall  refuse  to  enter  into  bond 
and  security  as  aforesaid,  after  he  shall  have  been  duly  ap- 
pointed and  informed  thereof  officially,  such  appointment  is 
hereby  declared  to  be  absolutely  null  and  void,  and  the  va- 
cancy occasioned  thereby  shall  be  immediately  filled  in  such 
manner  as  provided  in  the  Constitution. 

SEC.  4. — Be  it  further  enacted,  It  shall  be  the  duty  of  the 
National  Treasurer  to  receive  and  keep  the  moneys  of  the 
Nation,  to  disburse  the  same  agreeably  to  law,  and  take  re- 
ceipts or  vouchers  for  all  moneys  which  he  shall  disburse  ; 
he  shall  keep  regular,  fair  and  proper  accounts  of  the  re- 
ceipts and  expenditures  of  the  public  money  ;  he  shall  open 
an  account  in  his  books  in  the  name  of  the  Choctaw  Nation, 
in  which  account  he  shall  enter  the  amount  of  all  moneys, 
securities  and  other,  property  in  the  Treasury,  which  may,  at 
any  time,  be  received  by  him,  keeping  the  receipts  and  dis- 
bursements for  each  fiscal  year  in  separate  accounts  and 
closing  each  with  the  close  of  said  year  ;  he  shall  also  open  an 
account  in  the  books  of  the  Treasury  for  all  appropriations 
of  money  made  by  law,  so  that  the  appropriations  of  money, 
and  the  application  thereof,  conformably  thereto,  may  clearly 
and  distinctly  appear  on  the  books  of  the  Treasury ;  and  it 
shall  be  the  duty  of  the  Treasurer  to  pay  the  salaries  of  all 
public  officers  entitled  thereto,  quarter-yearly,  on  the  Audi- 
tor's warrant,  unless  the  time  of  the  payment  of  the  same  be 
otherwise  provided  for  by  law. 

SEC.  5. — Be  it  further  enacted,  It  shall  not  be  lawful  for  the 
National  Treasurer  to  pay,  or  receive  any  money  on  account 
of  the  Nation,  but  on  the  warrant  or  certificate  from  the  Au- 
ditor ;  the  National  Treasurer  shall,  at  the  commencement 
of  every  session  of  the  General  Council,  make  to  them  a  de-. 
tailed  report  of  the  receipts  and  expenditures  of  the  fiscal 
year,  and  whenever  the  revenue  is  likely  to  prove  insuffi- 


CHOCTAW   NATION.  239 

cient  for  the  expenditures  of  the  Nation,  he  shall  subjoin 
to  his  report  such  recommendations  to  the  General  Coun- 
cil as  may,  in  his  opinion,  be  best  suited  to  supply  the 
deficiency. 

SEC.  6. — Be  it  further  enacted,  It  shall  be  the  duty  of  the 
National  Treasurer  to  state,  in  the  books  of  the  Treasury, 
separately  and  distinctly,  the  amount  of  money  received  by 
him  on  account  of  permanent  annuities,  interest  on  trust 
funds,  debts,  fines,  penalties  and  forfeitures,  or  on  any  other 
account  whatsoever,  for  or  in  behalf  of  the  Nation,  and  also 
an  account  of  the  sums  he  shall  pay  out  of  the  same,  so  that 
the  net  produce  of  the  whole  revenue,  and  every  branch 
thereof,  and  the  amount  of  disbursements  in  payment  of  the 
several  demands  on  the  Treasury  may  clearly  and  distinctly 
appear ;  and  it '  shall  also  be  his  duty  to  examine  whether 
any  Auditor's  warrant  has  been  issued  agreeable  to  law,  or  is 
signed  with  the  genuine  signature  of  the  Auditor,  before  he 
shall  pay  the  same,  and,  after  making  due  examination,  if  he 
shall  find  such  warrant  to  have  been  duly  and  properly  is- 
sued, he  shall  pay  the  amount  called  for  by  the  same  to  the 
person  entitled  to  receive  it,  taking  his  or  her  receipt  there- 
on, and  shall  make  proper  entry  in  his  books  of  every  Audi- 
tor's warrant,  and  shall  keep  the  same  regularly  filed  in  his 

office. 

i 

SEC.  7. — Be  it  further  enacted,  If  the  National  Treasurer 
shall  misapply,  waste,  or  embezzle  any  money,  securities,  or 
other  property  in  the  Treasury,  it  shall  be  the  duty  of  the 
National  Attorney  or  District  Attorney,  in  the  absence  or  in- 
ability to  act  of  the  National  Attorney,  to  proceed  against 
such  defaulting  Treasurer  and  his  securities,  for  the  amount 
of  moneys,  securities  and  other  property  so  misapplied, 
wasted  or  embezzled,  by  motion  in  the  name  of  the  Princi- 
pal Chief  of  the  Nation  for  the  time  being  in  the  Circuit 
Court  of  the  County  wherein  the  seat  of  Government  is  situ- 
ated, ten  days'  previous  notice  of  such  motion  being  first 


240  LAWS   OF  THE 

given  to  Treasurer  and  securities ;  and  the  Court  may,  on 
the  hearing  of  such  motion,  direct  a  jury  to  be  impanneled 
imtanter,  for  the  trial  of  the  issue  of  the  defendants,  or  either 
of  them  to  appear  and  plead,  or  to  inquire  of  damages  of  the 
defendant  or  defendants,  make  default,  and  if  on  such  trial 
the  Treasurer  be  convicted,  he  and  his  securities  shall  be 
adjudged  to  pay  double  damages ;  and,  moreover,  such 
Treasurer  shall  be  thereby  rendered  incapable  thereafter  of 
holding  any  office  of  profit  or  honor  with  and  under  authority 
of  the  Nation. 

SEC.  8. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Treasurer  to  furnish  to  the  Principal  Chief,  from 
time  to  time,  when  thereto  required,  a  full  and  complete 
statement  in  tabular  form,  of  the  situation  of  public  finances, 
and  of  the  proceedings  in  his  office  ;  the  boots  and  accounts 
of  the  Treasurer  shall,  at  seasonable  times,  be  open  to  the 
inspection  of  the  National  Auditor.  The  National  Treasurer 
shall  furnish  the  National  Auditor,  monthly  during  each  fis- 
cal year,  with  a  list  of  the  receipts  at  the  Treasury,  num- 
bered as  the  warrants  on  which  they  are  founded,  and  stating 
in  whose  name  the  several  receipts  have  been  given,  their 
respective  duties,  amounts,  and  numbers. 

SEC.  9. — Be  it  further  enacted,  That  the  payee  of  every  war- 
rant issued  by  the  National  Auditor  shall  immediately  take 
the  same  to  the*National  Treasurer,  whose  duty  it  shall  be 
to  countersign  and  register  the  same  in  a  well  bound  book,  to 
be  kept  in  his  office  for  that  purpose,  in  which  the  Treasurer 
shall  note  particularly  the  number  of  warrants,  the  amounts, 
date,  and  the  day  on  which  he  countersigned  and  registered 
the  same,  and  no  warrant  which  has  not  been  so  counter- 
signed and  registered  shall  be  transferable  or  receivable  for 
public  duties. 

SEC.  10. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
every  person  or  persons  paying  warrants  or  grand  jury 
tickets  for  public  duties  to  the  Nation,  to  endorse  his  name 


CHOCTAW   NATIOX.  241 

upon  such  warrants  or  grand  jury  tickets,  and  no  warrant 
or  grand  jury  ticket  hereafter  issued  shall  be  received  for 
any  public  dues,  without  the  same  shall  have  been  so 
endorsed. 

SEC.  11. — Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  National  Treasurer  to  demand  and  receive  from  the 
former  National  Treasurer  in  office,  under  Skullyville  Consti- 
tution, all  moneys,  securities,  books,  accounts,  receipts, 
vouchers,  papers,  and  other  documents  in  his  hands,  belong- 
ing to  his  office,  which  remain  the  property  of  the  Nation  ; 
together  with  a  full  statement  in  writing,  signed  by  him,  ex- 
plaining the  same,  and  the  business  of  the  office  generally ; 
and  that  the  National  Treasurer  safely  keep  and  preserve 
the  same  in  his  office. 

SEC.  12. — Be  it  further  enacted,  That  the  National  Treas- 
urer shall  not  disburse  any  of  the  public  moneys,  except 
upon  the  pay  warrant  of  the  National  Auditor,  and  that 
when  such  disbursement  is  made,  he  shall  make  an  entry  of 
the  date  of  said  warrant  in  his  office,  with  the  word  "  paid  " 
written  in  a  large,  legible  hand  across  the  face  thereof,  and 
such  warrant  shall  be  a  full  and  sufficient  voucher  for  the 
payment  of  the  same,  without  the  receipt  of  the  person  to 
whom  it  shall  have  been  paid  being  given,  either  upon  said 
warrant  or  otherwise. 

SEC.  13. — Be  it  further  enacted,  That  when  any  person  shall 
desire  to  make  any  payments  in  Auditors'  warrants  into  the 
Treasury  it  shall  be  the  duty  of  the  National  Auditor,  before 
issuing  his  receipt  warrant  authorizing  such  payment,  care- 
fully to  examine  all  such  warrants,  and  if  he  shall  have  any 
doubts  of  the  genuineness  of  any  warrant  he  shall  compare 
said  warrant  with  the  entries  of  warrants  upon  his  books  and 
with  the  entries  made  in  the  disbursement  book  in  the  Treas- 
urer's office  ;  and  on  the  back  of  all  such  warrants  as  he  shall 
judge  genuine  he  shall  write  the  word  "  genuine,"  and  under- 
neath he  shall  sign  his  name  officially,  and  the  National 
16 


242  LAWS  OF  THE 

Treasurer  shall  not  receive  any  warrant  in  payment  of  public 
dues  unless  it  shall  have  said  endorsement  of  the  Auditor 
upon  the  same,  and  it  shall  be  the  duty  of  the  National  Treas- 
urer before  he  shall  receive  in  payment  or  grant  his  receipt  to 
any  person,  paying  said  warrant  into  the  Treasury,  to  have 
the  same  compared  with  the  entries  upon  his  disbursement 
book,  and  if  he  find  that  no  warrant  has  been  entered  in  said 
book,  having  the  same  number,  bearing  date  in  the  same 
year,  or  issue  to  the  same  person  on  the  same  account  of  ex- 
penditure he  shall  immediately  enter  said  warrants  on  said 
disbursement  book,  and  receive  them  in  payment  and  receipt 
for  the  same,  and  the  Treasurer  shall  not  thereafter  be  liable 
for  the  amount  of  any  said  warrants,  should  they  prove  to  be 
forgeries  or  spurious,  unless  proof  be  made  that  he  received 
them  through  carelessness  or  with  fraudulent  or  felonious 
:  intent,  or  without  a  compliance  with  the  provisions  of  this 
act. 

SEC.  14. — Be  it  further  enacted,  That  if  the  National  Auditor 
shall  willfully,  corruptly,  or  with  felonious  attempt  endorse 
the  word  "  genuine  "  and  his  name  upon  any  such  warrant, 
or  with  a  view  to  commit  a  fraud  upon  the  Treasury,  upon 
•  conviction  thereof  before  any  court  of  competent  jurisdiction, 
he  shall  be  firred  in  a  sum  equal  to  double  the  amount  of  the 
warrant  so  endorsed  and  be  imprisoned  in  the  .nearest  jail  for 
not  less  than  six  months  nor  more  than  eighteen  months,  at 
the  discretion  of  the  Court,  and  be  for  ever  after  disqualified 
from  holding  any  office  of  profit  or  honor  in  this  Nation. 

SEC.  15. — Be  it  further  enacted,  That  the  National  Treasurer 
shall  be  entitled  to  receive  as  a  compensation  for  his  services 
the  sum  of  six  hundred  dollars  a  year,  payable  quarter  yearly 
out  of  the  National  Treasury  upon  the  Auditor's  warrant 
issued  in  a  like  manner  with  warrants  for  other  officers'  sala- 
ries. 

SEC.  16. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  wise  in  conflict  with 


CHOC  TAW  NATION.  243 

the  provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  October  26th,  1860. 

GEOEGE  HUDSON,  P.  C.  C.  N. 


AN  ACT  entitled  an  act  to  define  the  duties  of  the  National 
Auditor  and  to  fix  his  salary. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  The  Principal  Chief  shall  appoint  in  the 
manner  prescribed  by  the  new  Constitution,  a  person  to  be 
National  Auditor  who  shall  continue  in  office  for  the  term  of 
two  years  from  the  time  of  his  having  been  qualified  in  the 
manner  hereinafter  mentioned,  unless  sooner  removed,  and 
unless  his  successor  be  duly  qualified ;  he  shall  reside  at  or 
near  and  keep  his  office  at  the  seat  of  government,  and  before 
he  enters  upon  the  duties  of  his  office  he  shall  take  and  sub- 
scribe the  oath  prescribed  in  the  Constitution  before  some 
one  of  the  Judges  of  the  Supreme  Court,  or  County  Judge  of 
any  county  in  this  Nation,  and  enter  into  bond  with  two  or 
more  good  and  sufficient  securities  to  be  approved  by  the 
Principal  Chief,  in  the  penalty  of  ten  thousand  dollars,  pay- 
able to  the  Principal  Chief  of  the  Nation  for  the  time  being, 
and  his  successor  in  office  conditioned  as  hereinafter  directed. 

SEC.  2. — Be  it  further  enacted,  That  the  condition  of  the 
National  Auditor's  bond  shall  be  in  the  form  as  to  the  effect 
following,  to  wit :  The  condition  of  the  above  obligation  is 

such,  that,  whereas,  the  above  bound was  duly 

appointed  as  specified  in  the  Constitution  of  the  Choctaw 
Nation,  National  Auditor  of  the  Nation  aforesaid,  for  the 
term  of  two  years,  from  the  date  of  the  commission  of  the 
qualification  and  oath  of  office  herein  written ;  now,  there- 
fore, if  the  said shall  faithfully,  impartially,  and 


244  LAWS   OF  THE 

without  delay  grant  and  issue  his  warrant  or  warrants  on 
the  National  Treasurer  for  all  such  sums  of  money  due  and 
payable  by  law  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  on  the  application  of  any  person  or  per- 
sons lawfully  entitled  to  any  such  warrant  or  warrants,  and 
shall  from  time  to  time,  and  at  all  times,  render  a  just  and 
true  account  of  all  warrants,  in  regular  order,  and  all  other 
proceedings  in  his  office  to  the  General  Council  of  the  Na- 
tion wken  thereunto  required,  and  shall  carefully  keep  and 
preserve  the  books,  records,  papers  and  other  things  belong- 
ing to  his  office,  and  deliver  the  same  without  injury  or  dam- 
age to  his  successor  in  office  ;  and  further,  shall  well  and 
truly  do  and  perform  all  other  duties  required  by  law  of  the 
National  Auditor  during  his  continuance  in  office,  then  this 
obligation  to  be  void,  otherwise  to  bo  and  remain  in  full 
force  and  virtue ;  which  bond  shall  be  submitted  to  the  Prin- 
cipal Chief,  and  his  approbation  of  the  sureties  therein 
named  endorsed  thereon,  and  the  same  deposited  in  the  office 
of  the  National  Secretary,  there  to  be  recorded  and  safely 
kept  and  preserved  therein ;  and  said  bond  shall  not  be  void 
on  the  first  recovery,  but  may  be  put  in  suit  and  prosecuted 
on  from  time  to  time  at  the  cost  and  charges  of  the  party  in- 
jured, until  the  whole  amount  of  the  penalty  thereof  be  re- 
covered. Whenever  it  may  become  necessary  to  institute 
suit  on  any  Auditor's  bond,  an  authenticated  copy  of  the 
same  shall  be  received  in  evidence  in  any  court  in  this  Na- 
tion in  the  same  manner  it  shall  be  of  the  same  validity  as 
evidence  as  the  original  would  be  if  it  were  present  in  court. 

SEC.  3. — Be  it  further  enacted,  That  no  commission  shall 
issue  to  the  National  Auditor  appointed  until  bond  and  se- 
curity be  given,  approved,  and  deposited  in  the  office  of  the 
National  Secretary  as  herein  before  required ;  the  oath  of 
office  shall  be  written  upon  the  bond  by  the  person  adminis- 
tering the  oath  to  the  Auditor,  and  if  the  person  appointed 
as  Auditor  fail  to  give  bond  and  security  as  aforesaid,  after 


CHOCTAW  NATION.  245 

he  shall  have  been  duly  appointed  and  informed  thereof 
officially  for  the  space  of  ten  days,  such  appointment  is  here- 
by declared  absolutely  null  and  void,  and  the  vacancy  occa- 
sioned thereby  shall  be  filled  in  such  manner  as  prescribed 
in  the  Constitution  for  filling  vacancies. 

SEC.  4. — Be  it  further  enacted,  That  the  fiscal  year  of  this 
Nation  shall  commence  on  the  first  day  of  August  in  each 
and  every  year  and  terminate  on  the  last  day  of  July  next 
ensuing.  And  the  Auditor  shall  begin  on  the  first  day  of 
such  year  annually  and  number  each  warrant  on  the  Trea- 
sury for  the  payment  of  money  from  number  one,  and  so  on 
progressively,  until  the  end  of  the  said  year. 

SEC.  5. — Be  it  further  enacted,  That  the  National  Auditor 
shall  at  the  commencement  of  every  session  of  the  General 
Council  make  out  to  them  a  detail  report  of  the  receipts  and 
expenditures  of  the  public  moneys  for  the  term  succeeding 
his  last  report,  and  he  shall  annually  at  the  close  of  the  fiscal 
year,  make  out  and  submit  to  the  Principal  Chief  the  like 
report  of  receipts  and  expenditures  for  the  year,  and  it  shall 
be  the  duty  of  the  Principal  Chief  to  hold  the  same  open  for 
the  inspection  of  any  citizen  of  the  Nation.  The  report  of 
the  National  Auditor  when  made  to  the  General  Council, 
shall  be  accompanied  with  such  remarks  by  him  as  may  serve 
to  explain  the  same,  to  point  out  any  defects  in  the  laws,  re- 
specting the  duties  of  his  office,  and  to  suggest  the  proper 
remedies  therefor,  together  with  such  plans  as  he  may  deem 
advisable  for  improving  or  increasing  the  revenue  of  the  Na- 
tion. 

SEC.  6. — Be  it  further  enacted,  That  all  warrants  drawn  by 
the  National  Auditor  upon  the  National  Treasury,  shall  ex- 
press by  references  to  some  one  general  head  of  expenditure 
the  cause  for  which  they  were  drawn,  and  when  the  said 
warrants  are  drawn  for  sums  chargeable  upon  the  revenue  of 
a  different  year  from,  out  of  which  they  are  paid,  the  sum 
shall  be  expressed ;  and  all  certificates  or  receipt  warrants 


246  LAWS  OF  THE 

to  the  Treasury,  to  receive  any  money  due  to  the  Treasury, 
shall  express  upon  the  face  thereof  the  particular  head  of 
general  revenue  on  account  of  which  such  sum  is  due,  and 
when  the  sum  is  due  for  the  revenue  of  the  past  year,  that, 
also  shall  be  expressed  upon  the  face  of  such  certificate  or 
receipt  warrant.  All  warrants  issued  by  the  Auditor  shall  be 
made  payable  to  order,  and  shall  be  negotiable  by  endorse- 
ment and  not  otherwise.  The  payee  of  each  warrant  issued 
shall  immediately  take  the  same  to  the  National  Treasurer, 
whose  duty  it  shall  be  to  countersign  and  register  the  same 
in  a  well  bound  book  to  be  kept  in  his  office  for  that  purpose, 
in  which  the  Treasurer  shall  note  particularly  the  number  of 
the  warrant,  the  amount,  date,  and  the  day  on  which  he 
countersigned  and  registered  the  same ;  and  no  warrant 
which  has  not  been  so  countersigned  and  registered  shall  be 
receivable  as  public  dues. 

SEC.  7. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
any  person  or  person's  paying  warrant  or  grand  jury  ticket 
to  any  person  or  officer  for  public  dues  to  the  Nation,  to 
endorse  his  name  upon  all  warrants  or  grand  jury  tickets, 
and  none  shall  be  received  for  any  public  dues  without  the 
same  shall  have  been  so  indorsed. 

SEC.  8. — Be  it  further  enacted,  That  the  National  Auditor 
be  authorized  and  required  to  procure  and  keep  a  book  in 
which  he  shall  enter  the  name  of  each  county  and  individual 
having  dealings  with  said  officer,  exhibiting  the  debts  and 
credits  on  opposite  pages. 

SEC.  9. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Auditor,  with  the  approbation  of  the  Principal 
Chief  of  this  Nation,  to  purchase  all  needful  supplies  of  books 
and  stationery  and  fuel  for  the  General  Council  and  National 
officers,  and  to  issue  his  warrants  on  the  Treasury  for  the 
amount  of  such  purchases  in  favor  of  the  persons  from  whom 
such  purchases  shall  be  made ;  Provided,  they  shall  not  ex- 
ceed the  sum  of  two  hundred  dollars  in  any  one  year,  and 


CHOCTAW  NATION.  247 

shall  file  the  receipts  of  the  persons  from  whom  such  pur- 
chases are  made  as  vouchers  in  his  office  ;  and  he  shall 
moreover,  at  the  commencement  of  each  session  of  the  Gen- 
eral Council,  make  a  detailed  report  of  the  purchases  made 
by  him  as  aforesaid,  and  the  prices  at  which  they  were 
made. 

SEC.  10. — Be  it  further  enacted,  That  when  any  allowance 
shall  be  made  by  any  Court  of  this  Nation  to  any  of  its  offi- 
cers, or  to  any  other  person,  the  clerk  of  said  court  shall 
make  out  a  fair  copy  of  the  account  so  allowed  and  certify 
such  allowance  under  his  hand  and  seal  of  office,  reciting 
therein  the  particular  law  under  which  it  was  made ;  and  the 
National  Auditor  shall  issue  his  warrant  therefor,  if  he  has  no 
doubt  of  the  propriety  of  such  allowance ;  and  if  he  has  such 
doubt,  he  shall  not  issue  his  warrant  therefor  on  the  National 
Treasurer  but  shall  report  the  same  to  the  succeeding  Gen- 
eral Council,  and  no  Court  shall  be  authorized  to  make  any 
allowance  unless  it  be  provided  for  by  some  act  of  the  General 
Council  or  clause  of  the  Constitution. 

SEC.  11. — Be  it  further  enacted,  That  the  National  Auditor 
shall  procure  a  seal  of  office  with  the  words  "  Auditor's  Office, 
Choctaw  Nation  "  around  the  margin  and  a  tomahawk  and  a 
reaping  hook  in  the  centre  thereof,  to  be  purchased  and  paid 
for  in  the  manner  of  other  purchases  provided  for  in  Sec- 
tion 9  of  this  act. 

SEC.  12. — Be  itfurtJier  enacted,  That  it  shall  be  the  duty  of 
the  National  Auditor  to  examine,  state,  settle,  and  audit  all 
accounts,  claims,  or  demands  whatever  against  the  Nation, 
arising  under  any  act  or  resolution  of  the  General  Council, 
and  to  grant  to  every  claimant  authorized  to  receive  the  same, 
a  warrant  on  the  National  Treasury  under  his  hand  and  seal 
of  office,  making  due  entry  and  register  of  all  his  proceedings 
in  a  book  to  be  kept  for  that  purpose,  and  carefully  arranging 
filing  and  preserving  in  his  office  all  accounts,  receipts, 
vouchers  and  papers  touching  the  same ;  to  examine,  settle 


248  LAWS  OF  THE 

and  audit  the  accounts  for  annuities  and  interest  on  trust 
fund  or  any  other  dues  of  the  United  States  payable  to  the 
National  Treasurer,  and  all  other  accounts  due  and  payable 
to  the  National  Treasurer  from  any  other  source  provided  by 
law ;  to  call  upon  all  such  debtors  to  render  accounts  and 
pay  into  the  Treasury  all  sums  and  balances  due,  and  on  fail- 
ure to  do  so,  if  the  debtor  be  the  Government  of  the  United 
States,  to  use  the  best  means  to  ensure  the  early  payment 
thereof ;  and  if  the  debtors  be  citizens  of  the  Nation  to  insti- 
tute proceedings  against  them  according  to  law  ;  to  state  and 
keep  the  accounts  so  as  to  show  the  amounts  of  all  warrants 
drawn  by  him  on  the  Treasurer,  and  for  what  services  or 
articles  of  public  expenses  they  were  given ;  and  to  lay  before 
the  General  Council  and  Principal  Chief,  when  thereto  re- 
quired, the  general  accounts,  together  with  an  account  of  all 
balances  due  to  and  from  the  Nation. 

SEC.  13. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Auditor  to  draw  special  warrants  on  the  Na- 
tional Treasurer  when  he  shall  be  thereto  required,  for  all 
moneys  which  by  law  are  or  may  be  directed  to  be  paid  out 
of  the  National  Treasury  by  special  warrant  only,  which  war- 
rant shall  express  on  what  particular  account  such  money  is 
due  or  paid  by  the  Nation ;  and  he  shall  take  a  receipt  for 
every  warrant  issued  by  him  and  keep  the  same  regularly 
filed  in  his  office. 

SEC.  14. — Be  it  further  enacted,  That  the  National  Auditor 
shall  not  issue  any  warrant  upon  any  allowance  made  to  or 
claim  in  favor  of  any  person,  his  agent  or  assignee,  who  may 
be  a  debtor  to  the  Nation  against  whom  the  money  shall  be 
clue  or  balance  existing  in  favor  of  the  Nation,  but  he  shall 
allow  such  debtor  a  credit  on  his  account  for  such  allowance 
or  claim,  and  it  shall  be  his  duty  to  furnish  the  National 
Treasurer  monthly  with  an  account  of  all  warrants  on  the 
Treasury  which  he  shall  have  issued  during  the  preceding 
month. 


CHOCTAW  NATION.  249 

And  it  shall  be  the  further  duty  of  the  National  Auditor  to 
furnish  to  the  Principal  Chief  from  time  to  time,  when  thereto 
required,  besides  the  periodical  reports  required  by  this  act, 
a  full  and  complete  statement  of  the  situation  of  the  public 
finances  and  of  the  proceedings  of  his  office. 

SEC.  15. — Be  it  further  enacted,  It  shall  be  the  duty  of 
the  National  Auditor  to  demand  and  receive  from  the 
National  Auditor  under  the  Skullyville  Constitution,  all 
books,  accounts,  receipts,  or  vouchers,  papers  and  other  docu- 
ments in  their  hands  belonging  to  their  respective  offices 
which  remain  the  property  of  the  Nation ;  together  with  a  full 
statement  in  writing  of  the  number,  date,  amount,  and  person 
to  whom  issued,  if  practicable,  of  each  outstanding  warrant 
and  such  other  information  as  may  be  necessary  to  explain 
the  condition  of  the  business  of  each  officer  at  the  time  he 
receives  said  books  and  other  property  of  the  Nation,  and 
that  the  same  be  safely  kept  and  preserved  in  his  office. 

SEC.  16. — Be  it  further  enacted,  That  the  National  Auditor 
shall  be  entitled  to  receive  as  a  compensation  for  his  services 
the  sum  of  six  hundred  dollars  a  year,  payable  quarter- 
yearly,  out  of  the  National  Treasury,  from  the  date  of  the 
execution  of  his  bond  and  its  approval  by  the  Principal  Chief. 
He  shall  make  out  his  account  for  each  quarter's  salary,  and 
receive  the  approbation  of  the  National  Secretary  thereon  in 
writing,  and  shall  file  the  same  as  a  voucher  for  the  warrant 
he  shall  issue  in  his  own  favor,  placing  his  own  receipt  on  said 
voucher  as  in  other  cases. 

SEC.  17. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed  coming  in  conflict  in  any  manner  with 
the  provisions  of  this  act,  be,  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  October  29, 1860. 


250  LAWS  OF  THE 

AN  ACT  entitled  an  act  defining  the  duties  of  the  National 
Attorney,  and  fixing  his  salary. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  appointed,  as  the  Con- 
stitution provides,  a  National  Attorney  for  the  Nation,  who 
shall  continue  in  office  during  the  term  of  two  years,  and  who 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  the  oath  of  office  prescribed  in  the  Constitution, 
which  oath  shall  be  administered  by  the  Principal  Chief  of 
the  Nation,  any  Judge  of  the  Supreme,  Circuit,  and  County 
Court,  and  certified  on  his  commission :  and  the  National 
Attorney  so  appointed  shall  be  of  counsel  for  the  Nation  in 
all  cases  whatever  triable  and  determinable  in  the  Supreme 
Court  of  the  Nation,  and  it  shall  be  his  duty  to  attend  the 
Supreme  Courts  at  each  term  thereof,  and  to  appear 
and  prosecute  for  the  Nation  in  all  criminal  prose- 
cutions, and  in  all  civil  cases  in  which  the  Nation  or  any 
county  thereof  may  be  interested  :  Provided,  That  if  the  Na- 
tional Attorney  fail  to  attend  at  any  term  of  the  Supreme 
Court,  the  said  Supreme  Court  is  hereby  authorized  to  em- 
ploy some  attorney  to  act  for  the  Nation  in  the  place  of  said 
National  Attorney  ;  and  the  attorney  so  employed  shall  for 
his  services  be  paid  by  the  National  Attorney  such  sum  as 
shall  be  allowed  by  the  Supreme  Court,  not  in  one  case  to 
exceed  one-fourth  part  of  the  annual  salary  of  said  National 
Attorney. 

SEC.  2. — Be  it  further  enacted,  That  all  accounts  of  a  public 
nature  properly  coming  before  the  Supreme  Court  for  allow- 
ance shall  be  presented  to  the  National  Attorney,  and  his 
opinion  thereon  obtained,  in  writing  if  necessary  ;  and  it 
shall  also  be  his  duty  to  give  his  opinion  in  writing  in  all 
cases  touching  the  public  interest  when  thereunto  required 
by  the  Principal  Chief  of  the  Nation.  He  shall,  also,  at  the 
request  of  the  National  Auditor  and  National  Treasurer, -or 


CHOCTAW  NATION.  251 

either  of  them,  give  his  opinion  in  writing  upon  all  cases 
concerning  the  revenue  or  expenses  of  the  Nation. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Attorney 
shall  keep  his  office  at  the  seat  of  Government,  at  or  near 
which  place  he  shall  resicte. 

SEC.  4. — Be  it  further  enacted,  That  if  the  National  Attor- 
ney shall  in  any  manner  consult,  counsel,  advise,  or  defend  a 
person  within  this  Nation  charged  with  any  crime  or  misde- 
meanor, or  breach  of  any  penal  statute,  said  National  Attor- 
ney so  offending  shall  on  conviction  thereof  in  any  court  of 
competent  jurisdiction,  be  fined  in  a  sum  not  exceeding  two 
hundred  dollars,  and  shall,  moreover,  be  removed  from  office, 
and  be  rendered  incapable  thereafter  of  filling  any  office  of 
profit  or  honor  in  this  Nation. 

SEC.  5. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Attorney,  whenever  he  may  be  requested,  to 
give  his  opinion  in  writing  to  any  District  Attorney  upon 
any  case  then  pending  in  which  the  Nation  may  be  inte- 
rested, and  which  may  be  necessary  for  such  District  Attor- 
ney to  prosecute  or  defend. 

SEC.  6. — Be  it  further  enacted  That  the  National  Attorney 
shall  be  entitled  to  receive,  as  a  compensation  for  his  ser- 
vices, the  sum  of  four  hundred  dollars  a  year,  payable  quar- 
ter-yearly, out  of  the  National  Treasury,  upon  the  issuance 
of  the  National  Auditor's  warrant,  in  like  manner  with  other 
officers'  salary. 

SEC  7. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  in  anywise  coming  in  conflict  with  the 
provisions  of  this  act,  be,  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  October  24th,  1860. 


252  LAWS  OF  THE 

AN  ACT  entitled  an  act  prescribing  the  manner  of  organizing 
the  General  Council  of  the  Choctaw  Nation,  and  establish- 
ing the  pay  of  its  members  and  officers. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  There  shall  be  four  Senators  elected  in 
each  District  of  this  Nation,  by  the  qualified  electors,  at 
the  time*  and  places  of  holding  the  general  elections  ;  that 
at  the  beginning  of  every  regular  annual  session  hereafter 
convening,  on  a  quorum  of  the  Senate  appearing  in  the  Sen- 
ate Chamber,  they  shall  call  some  Senator  to  the  chair,  who 
shall  call  upon  some  one  of  the  Supreme  Judges,  to  adminis- 
ter the  oath  prescribed  in  the  Constitution  to  the  Senators,  when 
they  shall  proceed  to  elect  a  president  of  the  body  in  such 
manner  as  they  may,  by  rule,  determine.  The  Senate  shall 
then  elect,  also,  in  the  manner  they  may,  by  rule,  determine, 
a  secretary  and  doorkeeper,  to  whom  the  President  shall 
administer  the  oaths  of  office,  and  also  to  other  Senators 
who  may  thereafter  appear,  and  all  other  officers  of  the 
Senate. 

SEC.  2. — Be  itfurther  enacted,  That  at  the  beginning  of  each 
and  every  regular  session  of  the  General  Council,  hereafter 
convening,  on  a  quorum  of  the  members  of  the  House  of 
Representatives  appearing  in  the  Kepresentative  Chamber, 
they  shall  call  some  member  to  the  chair,  which  member 
shall  call  upon  one  of  the  Supreme  Judges  to  administer  the 
oath,  required  by  the  Constitution,  to  the  members  present. 
The  House  of  Representatives  shall  then  proceed  to  elect  a 
Speaker ;  they  shall  then  elect,  in  such  manner  as  they  may 
by  rule  determine,  a  clerk  and  a  doorkeeper,  and  the  Speaker 
shall  have  power  to  administer  the  oath  of  office  to  the  clerk, 
the  doorkeeper,  and  other  members  who  may  thereafter 
appear. 

SEC.  3. — Be  it  further  enacted,  That  hereafter  there  shall  be 
elected  by  both  Houses  of  the  General  Council  of  this  Na- 
tion, in  joint  session,  during  the  first  week  of  each  and  every 


CHOCTAW  NATION. 

regular  session  thereof,  in  such  manner  as  they  may  deter- 
mine at  the  time,  a  sergeant-at-arms,  who  shall  be  the  peace 
officer  of  the  General  Council,  and  perform  such  other  duties 
as  they  may  prescribe,  and  to  whom  the  President  of  the 
Senate,  while  in  session,  shall  administer  the  oath  prescribed 
by  the  Constitution  in  presence  of  that  body. 

SEC.  4. — Be  it  further  enacted,  That  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives 
shall  each  be  entitled  to  receive  four  dollars  per  day,  and 
each  other  member  of  the  Senate  and  of  the  House  of  Repre- 
sentatives three  dollars  for  each  and  every  day's  attendance 
at  the  General  Council,  and  shall,  moreover,  be  allowed,  at 
the  commencement  and  end  of  every  session,  at  the  rate  of 
three  dollars  for  every  thirty  miles  of  the  estimated  distance 
by  the  most  direct  land  route  of  travel,  in  coming  to  and  re- 
turning from  the  place  where  the  General  Council  shall  sit ; 
and  if  any  member  of  either  house — the  President  of  the 
Senate  or  the  Speaker  of  the  House — shall  be  detained  by 
sickness,  in  coming  to  or  returning  from  any  session  of 
the  General  Council,  or  be  unable  to  attend  the  House  to 
which  he  belongs,  he  shall  be  entitled  to  the  same  daily  al- 
lowance. 

SEC.  5. — Be  it  further  enacted,  That  the  Recording  Secre- 
tary of  the  Senate,  and  Clerk  of  the  House  of  Representa- 
tives, shall  each  be  allowed  four  dollars  per  day ;  and  the 
Recording  Secretary  of  the  Senate,  with  the  approbation  of 
the  President  of  the  Senate,  and  the  Clerk  of  the  House  of 
Representatives,  with  the  approbation  of  the  Speaker  of  the 
House  of  Representatives,  shall  each  appoint  as  many  clerks 
as  may,  from  time  to  time,  be  necessary  to  the  dispatch 
of  business  in  their  respective  Houses,  who,  when  em- 
ployed, shall  be  allowed  two  dollars  per  day,  and  the  door- 
keeper of  each  House  shall  be  entitled  to  two  dollars 
and  a  half  per  day;  and  the  sergeant-at-arms  shall  be 
entitled  to  three  dollars  per  day ;  the  journalist  of  the 


254  LAWS   OF   THE 

Senate,  and  journalist  of  the  House  of  Representatives,  shall 
each  receive  for  their  services  three  dollars  per  day,  upon 
the  certificate  of  the  President  of  the  Senate  for  the  journal- 
ist thereof,  and  the  certificate  of  the  Speaker  of  the  House  of 
Representatives  for  the  journalist  thereof,  and,  on  presenta- 
tion, the  National  Auditor  is  hereby  required  to  issue  a  war- 
rant on  the  National  Treasury  for  the  same. 

SEC.  6. — Be  it  further  enacted,  That  the  compensation  which 
shall  be  due  to  the  members  and  officers  of  the  General  Coun- 
cil shall  be  certified  by  the  President  and  Speaker,  respec- 
tively, to  the  National  Auditor,  who  shall  issue  his  warrant 
on  the  National  Treasurer,  which  shall  be  paid  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated. 

SEC.  7. — Be  it  further  enacted,  That  all  witnesses  that  may 
be  legally  summoned,  on  behalf  of  this  Nation,  to  attend  any 
future  session  of  the  General  Council,  in  either  branch  there- 
of, for  the  purpose  of  giving  testimony  in  cases  of  impeach- 
ment, or  other  matter  of  investigation,  when  such  testimony 
may  be  lawfully  required,  shall  be  allowed  the  sum  of  two 
dollars  for  each  and  every  day  he,  she,  or  they  may  be  so  in 
attendance  ;  and  also  the  further  sum  of  five  cents  for  each 
and  every  mile  he,  she,  or  they  may  travel  in  going  to  and 
returning  from  the  place  where  such  testimony  may  be  ren- 
dered. 

SEC.  8. — Be  it  further  enacted,  That  the  sum  or  sums  due  to 
such  witness,  shall  be  ascertained  by  the  oath  or  affirmation 
of  such  witness,  his  agent,  or  attorney,  which  oath  or  affir- 
mation the  clerk  of  the  House  of  Representatives,  or  secre- 
tary of  the  Senate,  as  the  case  may  be,  is  hereby  authorized 
to  administer,  and  thereupon  to  issue  a  certificate  to  such 
witness  for  the  full  amount  of  the  sum  so  ascertained. 

SEC.  9. — Be  it  further  enacted,  That  the  National  Auditor 
on  the  production  of  such  certificate,  is  hereby  authorized 
and  required  to  issue  his  warrant  on  the  National  Treasury 
for  the  payment  thereof. 


CHOCTAW  NATION.  255 

SEC.  10. — Be  It  furtJier  enacted,  That  it  shall  be  the  duty  of 
the  doorkeeper,  when  the  two  Houses  adjourn,  to  collect 
all  the  remaining  stationery  and  furniture  purchased  for  the 
use  of  the  General  Council,  and  deliver  it  to  the  National 
Secretary  and  take  his  receipt  for  the  same. 

SEC.  11. — Be  it  further  enacted,  That  all  acts,  or  parts  of 
acts  heretofore  passed  in  anywise  coming  in  conflict  with 
the  provisions  of  this  act  be,  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and. be  in  force  from  and 
after  its  passage. 

Approved  October  29,  1860. 


AN  ACT  entitled  an  act  to  establish  and  organize  the  Su- 
preme Court,  and  to  define  the  power  and  jurisdiction 
thereof,  and  to  fix  the  salaries  of  the  Judges. 

SEC.  1. — Be  it  enacted  l>y  tlie  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  established  in  this  Na- 
tion, a  court  to  be  styled  the  Supreme  Court  of  the  Choctaw 
Nation,  to  consist  of  three  Supreme  Judges,  to  be  elected  by 
the  joint  vote  of  the  two  Houses  of  the  General  Council ; 
which  judges,  or  a  majority  of  them,  shall  have  the  power  to 
appoint  a  clerk  of  said  court,  to  hold  his  office  for  the  term 
of  four  years  from  the  date  of  his  commission. 

SEC.  2. — Be  it  further  enacted,  That  each  Judge  of  the  Su- 
preme Court,  before  he  enters  on  the  duties  of  his  office, 
shall  take  and  subscribe  the  oath  required  in  the  Constitu- 
tion, endorsed  upon  the  back  of  his  commission,  which  oath 
may  be  administered  by  the  Principal  Chief,  or  any  Judge 
of  the  Nation ;  and  said  commission  and  oath  shall  be  re- 
corded by  the  clerk  of  said  Court,  upon  the  minutes  of 
said  Court. 


256  LAWS  OF  THE 

SEC.  3. — Be  it  further  enacted)  That  the  said  Supreme  Court 
shall  have  jurisdiction  over,  and  shall  hear  and  determine  all 
manner  of  pleas,  plaints,  motions,  causes  and  controversies, 
civil  and  criminal,  which  are  now  pending  therein,  as  organ- 
ized under  the  new  Constitution,  or  which  may  be  brought 
before  it  from  any  Circuit  Court  of  law  or  County  Court  of 
any  county  in  this  Nation  either  by  appeal,  writ  of  error, 
supersedeas,*  or  other  legal  process,  and  which  shall  be  cog- 
nizable in  said  court  according  to  the  Constitution  and  laws 
of  this  Nation ;  provided,  that  no  appeal,  writ  of  error,  super- 
sedeas  or  other  process  shall  be  granted  in  any  manner  what- 
soever until  after  final  judgment  or  decree  in  the  court  below, 
except  in  cases  specially  provided  for  by  law. 

SEC.  4. — Be  it  further  enacted,  That  the  Supreme  Court  or 
any  judge  in  vacation  shall  have  power  to  issue  writs  and 
other  process  necessary  to  their  appellate  jurisdiction,  and 
may  grant  writs  of  error  or  supersedeas  to  the  judgments  or 
decrees  of  the  Circuit  Courts  of  law,  in  all  cases  wherein  writs 
of  error  or  supersedeas  may  be  by  law  allowed,  in  the  man- 
ner, and  on  the  terms  and  conditions  prescribed  by  law  in 
such  cases  ;  and  also  to  grant  writs  of  liabeas  corpus,  certiorari, 
ne  esteat,*  and  all  other  remedial  writs  and  process  grantable 
by  said  judges  by  virtue  of  their  office,  agreeably  to  the  prin- 
ciples and  usages  of  the  common  law,  returnable  as  the  law 
directs,  either  to  the  Supreme  Court  or  before  any  judge  of 
said  court  as  the  nature  of  the  case  may  require. 

SEC.  5. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Judges  of  the  Supreme  Court  in  every  case  they  may  de- 
cide or  decree,  to  deliver  their  opinions  in  writing,  stating  at 
large  the  reasons  and  principles  upon  which  such  decision  is 
made ;  which  opinion  shall  be  by  the  clerk  of  said  court 
filed  among  the  records  of  said  court  at  the  time  of  delivery, 
and  any  judge  of  said  court  differing  in  opinion  from  a  ma- 
jority of  said  court  shall  reduce  his  opinion  to  writing  and  the 
reasons  therefor,  and  shall  likewise  be  filed  among  the 

*  See  note. 


CHOCTAW    NATION.  257 

records  of  said  court,  and  any  judge  of  said  court  neglecting 
or  refusing  to  comply  with  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor  in  office  and  shall  be  lia- 
ble to  removal  therefor. 

SEC.  6. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  clerk  of  said  court  to  record  in  a  book,  by  him  to  be 
kept  for  that  purpose,  the  written  opinions  of  said  court  and 
the  written  opinions  of  any  judge  thereof ;  and  the  said  clerk 
shall  receive  ten  cents  for  each  hundred  words  so  recorded, 
payable  half  yearly  out  of  the  National  Treasury  upon  the 
certificate  of  any  one  of  the  said  judges  of  said  court  that  the 
service  has  been  performed,  and  that  the  account  as  stated 
is  true  and  correct.' 

SEC.  7. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Supreme  Court  to  establish  rules  for  the  proceeding  in 
said  court  and  also  rules  for  bringing  causes  to  issue ;  and 
the  proper  conducting  of  the  business  in  the  several  Circuit 
Courts  of  law  in  this  Nation,  and  to  cause  a  copy  therof  to  be 
made  for  each  county  in  the  Nation ;  and  it  shall  be  the  duty 
of  said  court  whenever  they  shall  alter,  amend  or  enlarge 
said  rules,  as  soon  thereafter  as  may  be,  to  cause  a  copy  to 
be  made  as  above  directed. 

SEC.  8. — Be  it  further  enacted,  That  the  Supreme  Court  may 
adjourn  from  day  to  day,  or  for  such  longer  period  as  they 
may  think  necessary  to  the  ends  of  justice  and  the  determi- 
nation of  the  business  before  them,  and  there  shall  be  no  dis- 
continuance of  any  suit,  process,  matter  or  thing  returned  to 
or  depending  on  the  Supreme  Court  although  a  sufficient 
number  of  judges  shall  not  attend  at  the  commencement  or 
any  other  day  of  the  term ;  but  if  a  sufficient  number  fail  to 
attend  at  the  commencement  of  any  term  or  at  any  time  dur- 
ing the  term,  any  judge  of  the  said  court,  or  the  sheriff 
attending  the  same  may  adjourn  the  said  court  from  day  to 
day  for  six  clays  successively. 

SEC.  9. — Be  it  further  enacted,  That  the  Judges  of  the  Su- 


258  CHOCTAW  NATION. 

preme  Court  shall  choose  from  among  themselves  the  presid- 
ing judge,  who  shall  be  styled  the  Chief  Justice,  and  enter 
the  same  upon  the  minutes  of  the  court;  and  in  case  of  his 
absence  or  his  disqualification  to  sit  in  any  cause,  the  oldest 
judge  present  shall  be  the  presiding  judge  for  the  time  being, 
and  no  judge  of  said  court  shall  sit  in  any  cause  wherein  he 
is  connected  by  blood  or  marriage  with  either  of  the  parties, 
or  directly  or  indirectly  interested,  or  if  he  shall  have  been 
of  counsel  for  either  party  in  such  cause. 

SEC.  10. — Be  it  further  enacted,  That  although  one  or  more 
of  the  Judges  of  the  Supreme  Court  be  interested  in  the  event 
of  any  suit,  matter  or  thing  depending  therein  the  same  shall 
be  finally  decided  by  the  other  judges,  if  there  be  a  number 
:not  so  interested  sufficient  to  constitute  a  court ;  and  in  case 
•  B,  majority  of  said  judges  shall  be  interested  in  any  cause 
depending  in  said  court  it  shall  be  the  duty  of  the  Principal 
Chief  to  specially  appoint  and  commission  one  or  more  mem- 
bers of  the  bar  learned  in  the  law  to  supply  the  places  of  the 
judges  so  interested,  who  shall  be  sworn  to  hear  and  deter- 
mine that  particular  cause  and  no  other. 

SEC.  11. — Be  it  further  enacted,  TUat  whenever  the  Supreme 
Court  shall  be  equally  divided  in  opinion,  on  hearing  any 
appeal  or  writ  of  error,  the  judgment  or  decree  of  the  court 
below  shall  be  affirmed. 

SEC.  12. — Be  it  further  enacted,  That  for  preventing  error  in 
entering  up  the  judgments,  decrees,  orders  and  decisions  of 
said  court,  the  minutes  of  the  proceedings  of  each  day  shall 
be  drawn  up  at  large  by  the  clerk,  in  a  book  by  him  to  be 
kept  for  the  purpose,  and  read  in  open  court  the  next  day 
— except  those  of  the  last  day  of  each  term,  which  shall  be 
drawn  up,  read  and  corrected  the  same  day — and  any  neces- 
sary corrections  made  therein,  when  they  shall  be  signed  by 
the  presiding  judge  and  preserved  among  the  records. 

SEC.  13. — Be  it  further  enacted,  That  the  Supreme  Court 
shall  annually  appoint  one  of  the  judges  thereof  to  inspect 


LAWS  OF  THE  259 

the  clerk's  office  of  said  court,  and  to  report  the  same  to  the 
next  term  of  the  Supreme  Court,  specifying  in  what  condition 
he  finds  the  records  and  papers  belonging  to  the  office,  which 
report  shall  be  recorded  upon  the  minutes  of  the  court. 

SEC.  14. — Be  it  further  enacted,  That  the  sheriff  of  the  county 
in  which  the  Supreme  Court  shall  be  held,  shall  be  an  officer 
of  said  court  and  shall  attend  the  same  with  a  sufficient  num- 
ber of  deputies  accordingly,  and  the  sheriff  and  his  deputies 
shall  be  bound  to  perform  the  duties  of  sheriff  and  crier. 

SEC.  15. — Be  it  further  enacted,,  That  the  Supreme  Court 
shall  have  power  to  punish  any  person  who  may  be  guilty  of 
a  contempt  of  such  Court,  in  like  manner  as  if  such  contempt 
had  been  committed  against  a  Circuit  Court  of  the  Nation. 

SEC.  16. — Be  it  further  enacted,  ^That  the  Principal  Chief  of 
the  Nation  shall  cause  to  be  procured  a  seal  for  the  use  of 
the  Supreme  Court,  with  the  words  "  Supreme  Court  of  the 
Choctaw  Nation "  around  the  margin  and  a  figure  of  an 
eagle  in  the  centre ;  and  the  sum  necessary  to  procure  such 
seal  shall  be  paid  on  the  order  of  the  Principal  Chief,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  and 
the  Auditor  shall  issue  his  warrant  therefor. 

SEC.  17. — Be  it  further  enacted,  That  the  present  and  all 
future  elections  for  Judges  of  the  Supreme  Court  shall  be  by 
the  joint  vote  of  both  houses  of  the  General  Council,  and  all 
contested  elections  for  Judges  of  the  Supreme  Court  shall 
be  determined  in  the  manner  that  may  be  prescribed- by 
law. 

SEC.  18. — Be  it  further  enacted,  That  if  any  Judge  of  the 
Supreme  Court  shall  fail  to  attend  any  term  of  said  Court, 
which  he  may  be  required  to  hold,  it  shall  be  the  duty  of  the 
clerk  of  said  Court  to  certify  the  number  of  days  said  Judge 
was  absent  at  each  term  of  his  Court  to  the  National  Auditor, 
who  shall  deduct  the  sum  of  ten  dollars  for  each  and  every 
day  said  Judge  may  fail  to  attend,  if  it  should  appear  that 
the  said  Judge  was  within  the  limits  of  the  Nation  at  the 


260  LAWS  OF  THE 

time  of  such  failure  ;  Provided,  however,  that  if  the  said  Judge 
shall  make  oath,  and  file  the  same  in  the  National  Auditor's 
office,  that  his  absence  was  occasioned  by  sickness,  or  that 
his  attendance  was  prevented  by  the  obstruction  of  high 
waters,  in  which  cases  no  deduction  shall  be  made. 

SEC.  19. — Be  it  further  enacted,  That  the  Supreme  Court 
shall  be  held  at  the  seat  of  government  on  the  first  Mondays 
of  October  and  April  in  each  and  every  year,  and  may  con- 
tinue until  the  business  therein  pending  shall  be  disposed  of ; 
the  Judges  of  said  Court  shall  have  power  to  call  a  Special 
Term  of  said  Court  when  deemed  necessary,  and  shall  give 
thirty  days'  notice  of  the  time  for  holding  the  same. 

SEC.  20. — Be  it  further  enacted,  That  the  clerk  of  the  Su- 
preme Court,  under  the  Skullyville  Constitution,  is  hereby 
required  to  transfer  and  deliver  to  the  clerk  of  the  Supreme 
Court  under  the  present  Constitution,  immediately  after,  the 
organization  thereof,  all  books,  papers,  records,  and  office 
furniture  which  may  pertain  to  his  office ;  and  all  suits,  ac- 
tions, and  plaints  now  depending  in  the  Supreme  Court  un- 
der the  Skullyville  Constitution  of  this  Nation,  shall  be  trans- 
ferred to  the  Supreme  Court  organized  by  this  act,  in  time 
for  the  business  of  the  first  term  thereof,  and  shall  be  pro- 
ceeded on  to  final  decision  by  said  Court,  in  the  regular  order 
in  which  they  may  stand  on  the  docket  of  the  former  Court 
at  the  time  of  the  transfer. 

SEC.  21. — Be  it  further  enacted,  That  when  any  cause  is 
finally  decided  in  the  Supreme  Court,  and  the  party  who  is 
taxed  with  the  cost  thereof  shall  fail  to  pay  the  same,  the 
clerk  may  issue  execution  therefor  returnable  to  the  next 
term  of  said  Court,  and  direct  to  the  Sheriff  of  the  county 
where  the  party  resides ;  and  the  first  Monday  of  October 
and  April  shall  be  the  return  days  in  the  Supreme  Court  in 
each  and  every  year,  to  which  all  executions  issuing  from 
said  Court  shall  be  made  returnable  ;  and  all  officers  failing 
to  return  said  executions  at  the  proper  time  or  to  pay  over 


CHOCTAW  NATION.  261 

the  money  collected  thereon,  shall,  on  motion,  be  made  lia- 
ble therefor,  as  in  cases  of  Sheriffs  failing  to  return  execu- 
tions to  or  pay  over  moneys  on  executions  returnable  to  the 
Circuit  Courts  of  this  Nation. 

SEC.  22. — Be  it  further  enacted,  That  the  Judges  of  the 
Supreme  Court  of  this  Nation  shall  be  entitled  to  and  receive 
as  a.  compensation  for  their  services  the  sum  of  four  hundred 
dollars  a  year,  each  to  be  paid  quarter-yearly  out  of  the 
National  Treasury  when  the  account  for  the  same  shall  be 
presented,  audited,  and  the  Auditor's  warrant  on  the  Trea- 
sury issued  therefor. 

SEC.  23. — Be  it  further  enacted,  That  all  acts  heretofore 
passed  in  any  manner  coming  in  conflict  with  the  provisions 
of  this  act  be,  and  the  same  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  October  13th,  1860. 


AN  ACT  entitled  an  act  defining  the  duties  of  the  Clerk  of 
•  the  Supreme  Court  of  the  Choctaw  Nation  and  establish- 
ing the  fees  of  his  office. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  Clerk  of  the  Supreme  Court  of  this  Nation 
shall  receive  his  appointment  from  said  Court,  or  a  majority 
of  the  Judges  thereof,  and  shall  hold  his  office  for  the  term 
of  four  years,  but  may  be  removed  therefrom  for  neglect  of 
duty  or  misdemeanor  in  office  by  the  Supreme  Court,  on  mo- 
tion of  which  the  clerk  against  whom  complaint  is  made, 
shall  have  ten  days'  previous  notice  specifying  the  particular 
negligence  or  misdemeanor  in  office  with  which  he  stands 
charged  ;  and  in  every  such  case  the  said  Court  shall  deter- 
mine both  the  law  and  the  fact. 

SEC.  2. — Be  it  further  enacted,  That  the  said  Supreme  Court 


262  LAWS  OF   THE 

shall  appoint  a  Clerk  in  the  following  manner  :  In  term  time 
the  appointment  shall  be  made  by  an  order  entered  upon  re- 
cord in  the  proceedings  of  said  court,  and  the  person  so  ap- 
pointed, before  he  shall  enter  on  the  duties  of  his  office,  shall 
take  the  oath  prescribed  in  the  Constitution  in  open  court, 
and  shall  enter  into  bond  with  two  securities  to  be  approved 
by  the  court,  payable  to  the  Principal  Chief  of  the  Nation 
for  the  time  being  and  his  successors  in  office,  in  the  penalty 
of  two  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office,  and  that  he,  in  due  time,  re- 
cords the  judgments,  decrees,  orders,  and  decisions  of  said 
court,  and  deliver  over  to  his  successor  in  office  all  records, 
minute  books,  papers,  presses,  seal,  and  whatever  belongs 
to  his  said  office  of  clerk,  which  bond  shall  be  recorded  in  the 
clerk's  office  of  said  court,  and  immediately  thereafter  be  de- 
posited in  the  office  of  the  National  Secretary,  and  shall  not 
be  void  on  the  first  recovery,  but  may  be  put  in  suit  and  pro- 
secuted at  the  cost  and  charges  of  any  party  injured  until 
the  whole  amount  of  the  penalty  thereof  be  recovered.  In 
vacation  the  appointment  shall  be  made  by  commission  un- 
der the  hands  and  seals  of  a  majority  of  the  Judges  of  said 
Court,  and  the  person  so  appointed  shall  execute  bond 
with  security  as  above  prescribed,  and  produce  the  same  to 
any  one  of  said  Judges  for  his  approbation,  and  if  he  ap- 
prove it,  he  shall  endorse  his  approbation  thereon,  and  ad- 
minister the  proper  oath  of  office,  and  endorse  his  certificate 
thereof  also  on  said  bond ;  and  said  Judge  shall  cause  the 
bond  with  the  endorsement  thereon  to  be  recorded,  and  shall 
deposit  the  same  in  the  office  of  the  National  Secretary  as 
aforesaid,  which  bond  may  be  put  in  suit  and  prosecuted  in 
like  manner  as  before  directed  in  the  case  of  bonds  taken  in 
open  court. 

A  certified  copy  of  such  bond  shall  be  received  in  evidence 
in  any  court  of  law  in  this  Nation,  in  the  same  manner  as 
the  original  would  be  if  it  was  present  in  court. 


CHOCTAW   NATION.  263 

SEC.  3. — Be  it  further  enacted,  That  the  said  Clerk  of  the  Su- 
preme Court  shall  have  power  to  appoint  a  deputy  with  the  ap- 
probation of  the  Court,  and  he  shall  take  the  oath  of  office  pre- 
scribed in  the  Constitution,  and  thereupon  said  deputy  shall 
have  power  and  authority  to  do  and  perform  all  the  several  acts 
and  duties  enjoined  upon  his  principal ;  and  the  Clerk  of  the 
Court  aforesaid  shall  keep  his  office  at  the  place  in  which 
said  court  shall  be  holden. 

SEC.  4. — Be  it  further  enacted,  That  during  a  vacancy  in  the 
office  of  Clerk  of  the  Supreme  Court,  and  during  the  unavoid- 
able absence  of  the  principal  clerk  and  his  deputy,  if  he  have 
one,  the  Court,  in  term  time,  or  a  majority  of  the  Judges 
in  vacation,  may  appoint  a  clerk  pro  tempwe,  who, 
after  taking  the  oath  of  office,  shall  be  authorized  to  per- 
form the  duties  of  a  clerk,  and  during  his  continuance  in 
office  shall  be  entitled  to  all  the  fees  thereof. 

SEC.  5. — Be  it  further  enacted,  That  whenever  the  office  of 
the  Clerk  of  the  Supreme  Court  shall  become  vacant  from 
any  cause  whatsoever,  the  records,  papers,  books,  stationery, 
and  everything  belonging  to,  or  pertaining  to,  said  office 
shall  be  delivered  over  to  his  successor  in  office  by  the  per- 
son or  persons  having  the  same,  whenever  demanded ;  and 
it  is  hereby  declared  to  be  the  duty  of  such  successor  to  de- 
mand, receive,  and  take  the  same  into  his  care  and  safe 
keeping,  and  in  case  of  a  refusal  or  detention  of  any  such 
records,  papers,  books,  stationery,  or  other  things  apper- 
taining to  said  office,  of  which  he  is  appointed  successor, 
after  demand  as  aforesaid,  he  shall,  moreover,  give  informa- 
tion thereof  to  the  National  or  District  Attorney,  who  shall 
prosecute  each  person  or  persons  by  action  of  debt,  and  have 
recovery  of  the  same  by  execution  and  sale  of  the  per- 
sonal property  of  said  defendants,  by  the  proper  officer  of 
the  court,  on  information,  in  the  name  of  the  Nation,  in  any 
court  of  competent  jurisdiction,  and  on  conviction  thereof 
by  the  verdict  of  a  jury,  the  person  or  persons  so  refusing 


264  LAWS  OF  THE  , 

or  detaining  as  aforesaid,  shall  be  fined  in  the  sum  of  five 
thousand  dollars,  to  the  Nation,  for  the  use  of  the  library  fund. 

SEC.  6. — Be  it  further  enacted,  That  if  the  Clerk  of  the  Su- 
preme Court  shall  knowingly  or  willfully  make  any  false  entry, 
or  erase  a  letter,  or  change  an;f  records  in  his  office  or  keep- 
ing, said  clerk,  so  offending,  shall,  on  conviction  thereof,  be 
fined  and  imprisoned  at  the  discretion  of  the  Court,  and  shall 
also  be  liable  to  the  action  of  the  party  aggrieved. 

SEC.  7. — Be  it  further  enacted,  That  the  Supreme  Court  shall 
make  allowances  to  the  clerk  for  all  needful  sums  for  sup- 
plying the  office  with  necessary  books  and  presses  for  the 
records,  and  for  the  safe  keeping  of  the  books  and  papers 
belonging  to  the  office,  and  shall  make  allowance  to  sheriff, 
as  officer  of  said  court,  for  all  necessary  fuel  furnished  in 
term  time,  which  aUowances,  being  certified  to  the  National 
Auditor,  he  shall  give  a  warrant  therefor  on  the  Treasury  of 
the  Nation. 

SEC.  8. — Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
clerk  of  the  Supreme  Court  to  make  out  and  keep  a  distinct 
docket  of  all  cases  now  pending  in  the  Supreme  Court,  as  es- 
tablished under  the  old  Constitution,  or  which  may  be  hereafter 
brought  into  the  present  court — for  each  one  of  the  districts 
electing  Judges  to  the  Supreme  Court — and  to  place  on  the 
docket,  for  each  district,  all  cases,  criminal  or  civil,  emanat- 
ing from  counties  in  the  same ;  Provided,  that  all  civil  cases 
in  which  the  Nation  may  be  a  party,  shall  be  placed  on  the 
docket  of  that  district  in  which  the  seat  of  Government  is 
situated,  and  all  criminal  cases  shall  be  placed  first  on  the 
docket  to  which  they  respectively  belong. 

SEC.  9. — Be  it  further  enacted,  That  it  shall  be  lawful  for  the 
clerk  of  the  Supreme  Court  to  demand,  receive  and  take  for 
the  several  services  by  him  performed,  the  fees  hereafter  an- 
nexed to  said  services,  viz. :  for  filing  records  and  writs  of 
error  or  appeal,  twenty-five  cents ;  entering  appearance  of 
each  party,  twenty-five  cents ;  every  continuance,  twenty-five 


CHOCTAW  NATIOX.  265 

cents ;  each  oath,  twenty-five  cents ;  for  docketing  cause, 
twenty-five  cents,  to  be  charged  but  once  ;  for  entering  each 
final  judgment,  one  dollar  ;  for  copy  of  the  same,  for  court 
below,  fifty  cents ;  for  taxing  costs  and  entering  the  same 
on  fee-book,  twenty-five  cents,  and,  for  each  execution, 
fifty  cents ;  and  in  addition  to  the  fees  above  allowed,  the 
clerks  shall  each  receive,  out  of  the  National  Treasury,  the 
sum  of  one  hundred  dollars,  to  be  paid  quarter-yearly,  upon 
the  presentation  of  his  account,  endorsed  as  correct  by 
the  Chief  Justice  of  the  court,  when  the  National  Auditor 
shall  issue  his  warrant  for  the  same  upon  the  National  Trea- 
surer. 

SEC.  10. — Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Clerk  of  the  Supreme  Court  to  furnish  any  person  on 
application,  with  a  copy  of  the  opinion  of  said  Court,  and  a 
copy  of  any  record,  paper,  or  judgment,  or  anything  on  file 
in  his  office,  and  the  clerk  shall  be  entitled  to  receive  ten 
cents  for  every  hundred  words  contained  in  each  copy  so 
furnished,  and  twenty-five  cents  for  a  certificate,  with  the  seal 
of  the  court  attached,  when  required. 

SEC.  11. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  clerk  of  the  Supreme  Court,  at  the  close  of  each  term  of 
said  court,  to  make  out  and  transmit  to  the  court,  or  clerk 
thereof,  from  which  the  cause  was  brought,  a  copy  duly  cer- 
tified, with  the  seal  of  the  court  affixed,  of  each  and  every 
final  judgment  and  decree  of  said  Supreme  Court,  unless  the 
same  shall  be  sooner  demanded  by  the  person  or  his  attor- 
ney entitled  to  the  same,  when  he  shall  deliver  said  copy 
upon  payment  of  all  cost  due  in  said  court,  in  the  cause  in 
which  the  copy  of  the  judgment  or  decree  is  demanded ; 
otherwise  he  shall  retain  said  copy,  and  transmit  the  same 
as  hereinbefore  directed,  and,  as  in  all  cases  where  the  costs 
have  not  been  paid,  send  out  an  execution  for  the  same. 

SEC.  12. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  anywise  in  conflict  with 


266  LAWS  OP  THE 

the  provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 
Approved,  October  15th,  1860. 


AN  ACT  entitled  an  act  to  organize  and  establish  the  Circuit 
Courts  of  the  Choctaw  Nation,  and  to  define  their  power 
and  jurisdiction  in  law,  and  to  fix  the  salaries  of  the  Judges 
thereof. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  assembled,  That  the  Counties  comprising  this  Nation 
shall  be  divided  into  three  judicial  circuits,  to  be  divided 
and  designated  as  follows  :  .the  Counties  of  Skullyville,  Sans 
Bois,  Sugar  Loaf,  Gains,  and  Tokucksy,  shall  compose  the 
First  Judicial  Circuit ;  the  Counties  of  Towson,  Bed  Eiver, 
Boktuklo,  Eagle,  Nashoba,  Cedar  and  Wade  shall  compose 
the  Second  Judicial  Circuit ;  and  the  Counties  of  Kiamichi, 
Blue,  Atoka,  Jack's  Fork,  and  Cooper,  shall  compose  the 
Third  Judicial  Circuit. 

SEC.  2. — Be  it  further  enacted,  That  the  Judges  of  the  Circuit 
Courts  shall  be  elected  by  the  qualified  voters  of  their  re- 
spective Circuits,  at  the  time  and  places  of  holding  elections, 
and  shall  be  conducted  as  prescribed  by  law  for  the  election 
of  district  and  county  officers,  and  the  person  having  the 
highest  number  of  votes  shall  be  declared  duly  elected,  and 
shall  be  forthwith  commissioned  by  the  Principal  Chief,  and 
continue  in  office  for  the  term  prescribed  by  the  Constitu- 
tion, unless  sooner  removed. 

SEC.  3. — Be  it  further  enacted,  That  each  Judge  of  the  Cir- 
cuit Court  shall  take  the  oath  of  office  prescribed  in  the 
Constitution,  which  oath  may  be  administered  by  the  Prin- 
cipal Chief,  or  any  Judge  of  a  Court  of  Records,  and  a  certi- 
ficate of  the  same  shall  be  filed  in  the  clerk's  office  of  the 


CHOCTAW  NATION.  267 

Circuit  Court,  when  the  said  Judge  shall  first  sit ;  and  the 
certificate  being  so  filed,  the  said  Judge  shall  be  enabled 
thereafter  to  discharge  his  official  duties,  and  if  any  Judge 
shall  officiate  as  such,  without  having  first  taken  the  oath 
herein  required,  he  shall  be  deemed  guilty  of  a  high  misde- 
meanor, and  may,  therefore,  be  removed  from  office. 

SEC.  4. — Be  it  further  enacted,  That  the  Circuit  Courts  of 
law  in  the  several  Counties  of  the  Nation  shall  have  original 
jurisdiction  of  all  suits  and  actions  for  the  recovery  of  money 
founded  on  any  bonds  or  other  written  contracts  when  the 
principal  of  the  sum  in  controversy  exceeds  fifty  dollars,  and 
all  causes,  matters  and  things  arising  under  the  constitution 
and  laws  of  this  Nation  which  are  not  expressly  cognizable 
irii  some  other  court  established  by  law ;  #nd  said  Circuit 
Court  shall  have  power  to  hear  and  determine  all  prosecu- 
tions in  the  name  of  the  Nation,  by  indictment  for  treason, 
murder,  and  all  other  felonies,  crimes  and  misdemeanors 
committed  within  their  respective  jurisdictions,  except  such 
as  may  properly  belong  to  County  Court  or  in  some  othei 
Court  of  the  Nation  or  of  the  United  States  ;  as  also  to  heai 
and  determine  all  prosecutions  by  information  as  are  desig- 
nated in  the  Constitution  ;  and,  moreover,  shall  have  and  ex- 
ercise all  the  powers  incident  or  belonging  to  a  court  of  oyer 
and  terminer,  and  general  jail  delivery,  and  to  do  and  per- 
form all  other  acts  properly  pertaining  to  a  Circuit  Court  of 
law,  and  the  Judges  of  said  courts  and  each  of  them  shall 
have  power,  either  in  vacation  or  term  time,  to  grant  writs  of 
Jtalerts  corpus,  and  all  other  remedial  writs  returnable  accord- 
ing to  law,  into  any  or  either  of  said  Circuit  Courts. 

SEC.  5. — Be  it  further  enacted,  That  the  said  Circuit  Courts 
shall  have  and  possess  original  jurisdiction  over  all  matters 
of  divorce,  and  for  the  foreclosure  of  mortgages  ;  and  the 
Judges  of  said  courts  shall  have  power  either  in  vacation  or 
term  time  to  grant  writs  of  injunction,  to  stay  waste,  to  en- 
join execution  of  a  judgment,  or  to  stay  proceedings  at  law ; 


268  LAWS  OF  THE 

to  grant  writs  of  ne  eoceat*  and  all  other  remedial  writs  re- 
turnable to  a  court  of  law. 

SEC.  6.— Be  it  further  enacted,  That  the  Judges  of  the  sev- 
eral Circuit  Courts  may  alternate  and  make  temporary  ex- 
changes of  their  circuits  whenever  in  their  opinion  the  public 
interest  may  require  it. 

SEC.  7. — Be  it  furtJier  enacted,  That  in  the  absence  of  the 
Judge  of  any  of  the  Circuit  Courts,  the  Sheriff  of  the  county 
shall  adjourn  the  same  from  day  to  day,  for  the  space  of  two 
days  and  no  longer. 

SEC.  8. — Be  it  further  enacted.  That  if  from  any  cause,  a 
Circuit  Court  shall  not  be  held  at  any  time  thereof,  or  shall 
not  continue  to  sit  the  whole  term,  or  before  the  end  of  the 
term  shall  not  have  heard  and  determined  all  matters  ready 
for  their  decision,  then  all  process,  pleadings  and  proceedings 
of  what  nature  soever,  remaining  in  said  court  pending  and 
undecided,  shall  stand  continued  of  course  until  the  next  suc- 
ceeding term ;  and  if  from  any  cause  the  Court  shall  not  sit 
on  any  day  in  a  term  after  it  shall  have  commenced,  there 
shall  be  no  discontinuance ;  but  the  Court  may  proceed  to 
business  on  any  subsequent  day,  until  the  end  of  the  term, 
if  business  before  said  Court  shall  not  be  sooner  dis- 
posed of. 

SEC.  9. — Be  it  furtJier  enacted,  That  it  shall  be  the  duty  of 
every  clerk  of  the  Circuit  Court,  in  making  out  his  issue 
docket  for  each  term,  to  set  as  many  suits  for  each  day,  be- 
ginning on  the  first  and  proceeding  as  far  in  the  term  as  the 
number  of  suits  may  make  it  necessary,  or  the  Judge  may 
direct,  or  in  his  opinion  may  best  suit  the  business  of  the 
Court,  and  no  cause  shall  be  taken  up  for  trial  or  hearing  at 
a  day  previous  to  that  for  which  it  may  be  set,  and  the  clerk 
shall  issue  subpoenas  for  witnesses  to  attend  on  the  days  on 
which  the  causes  stand  for  trial,  and  no  witness  shall  be 
bound  to  attend  in  any  cause  unless  specially  summoned  to 
such  term  ;  and  it  shall  be  the  duty  of  the  clerk  to  keep  a 

*  See  note  at  the  end  of  this  book. 


CHOCTAW    NATION.  269 

regtuar  subpoena  docket,  and  to  issue  subpoenas  before  every 
term  of  the  Court  for  all  the  witnesses  in  every  cause  that 
either  party  may  at  any  time  have  directed  to  have  sum- 
moned. 

SEC.  10. — Be  it  further  enacted,  That  for  preventing  errors 
in  entering  up  the  judgments  and  orders  of  said  courts,  the 
minutes  of  the  proceedings  of  every  day  shall  be  drawn  up 
by  the  clerk  before  the  next  day's  sitting  of  the  court,  when 
the  same  shall  be  read  in  open  court,  and  such  corrections  as 
are  necessary  being  made  therein,  they,  shall  be  signed  by 
the  Judge  presiding,  and  carefully  preserved  in  a  well-bound 
book ;  on  the  last  day  of  each  court,  the  proceedings  that 
dav  shall  be  drawn  up,  read,  corrected,  and  signed  on  the 
same  day  as  aforesaid. 

SEC.  11. — Be  it  further  enacted,  That  the  said  Circuit  Courts 
shall  have  power  to  hear  and  determine  all  motions  on  rea- 
sonable notice  to  the  adverse  party,  against  sheriffs  or  other 
officers,  for  money  received  under  executions  or  other  pro- 
cess or  order  of  the  Court,  which  shall  not  be  paid  to  the 
party  entitled  to  the  same,  his  agent,  or  attorney  on  demand  ; 
and  all  motions  against  attorneys  and  counsellors  at  law  for 
failing  or  refusing  to  pay  money  received  for  their  clients, 
and  to  give  judgment  according  to  the  statutes  in  such  cases 
made  and  provided,  and  award  execution  therefor. 

SEC.  12. — Be  it  further  enacted,  That  the  said  courts  shall 
have  power  to  fine  and  imprison  any  person  who  may  be 
guilty  of  a  contempt  of  the  court  while  sitting,  either  in  the 
presence  or  hearing  of  the  court,  provided,  that  such  fine  shall 
not  exceed  one  hundred  dollars,  and  no  person  for  contempt 
of  court  shall  be  imprisoned  for  a  longer  period  than  the  term 
of  the  court  at  which  the  contempt  was  committed. 

SEC.  13. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Circuit  Clerk  of  each  county  to  procure  a  seal  at  the  ex- 
pense of  the  proper  county  for  the  use  of  their  courts  with 
the  style  of  the  court  around  the  margin  thereof,  and  an  eagle 
in  the  centre. 


270  LAWS  OF  THE 

SEC.  14. — Beit  further  enacted,  That  until  provision  is  made 
by  the  County  Courts  of  the  several  counties  in  the  Nation, 
for  the  erection  of  a  jail  within  their  limits,  the  jail  situated 
within  each  judicial  circuit  shall,  in  all  cases,  be  used  as  the  jail 
of  the  Circuit  Courts  of  all  the  counties  therein,  and  the  Sheriffs 
of  the  counties  wherein  such  jails  are  situated  shall  be  the  jail- 
ors for  the  Circuit  Court  .of  each  judicial  circuit,  respectively, 
and  shall  take  into  custody  all  persons  committed  by  the 
orders  of  the  Circuit  Courts  or  by  any  process  issuing  from 
such  court,  and  all  persons  committed  by  whatever  lawful 
authority  for  trial  in  such  courts,  the  sheriff  of  the  county  in 
which  any  Circuit  Courts  shall  sit  shall  execute  all  judgments 
and  sentences  rendered  by  such  court,  in  any  criminal  case, 
provided  such  judgments  are  by  law  to  be  executed  in  the 
said  county ;  and  shall  in  all  respects  act  as  Sheriffs  of  said 
court;  it  shall  be  the  duty  of  the  Sheriff  of  each  county  to 
deputise  some  suitable  persons,  not  to  exceed  three  in  num- 
ber, to  attend  said  Circuit  Court  to  act  as  deputy  Sheriffs  dur- 
ing the  term  of  said  Circuit  Court,  who  shall  be  sworn  and 
qualified  as  the  law  directs,  which  oath  shall  be  administered 
by  the  judge  and  entered  on  the  minutes  of  the  court,  and 
they  shall  receive  the  same  pay  for  services  rendered  as  the 
Sheriff  receives,  except  the  amount  he  receives  from  the  Na- 
tional Treasury. 

SEC.  15. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Clerks  of  the  several  Circuit  Courts  of  this  Nation  to  make 
out  at  each  term  of  their  respective  courts  separate  dockets 
in  which  shall  be  placed  all  causes  in  favor  of  the  Nation  or 
any  county,  and  all  indictments,  presentments  or  informa- 
tions ;  and  it  is  hereby  expressly  declared  to  be  the  duty  of 
the  judges  of  the  courts  aforesaid  to  give  preference  to  and 
take  up  said  docket  for  trial  on  motion  of  the  District  Attor- 
ney, unless  good  cause  is  shown  to  the  contrary. 

SEC.  16. — Be  it  further  enacted,  That  whenever  the  regular 
term  of  any  Circuit  Court  shall  have  failed,  and  in  the  opi- 


CHOCTAW   NATION.  271 

nion  of  any  judge  presiding  therein,  the  business  of  the  court 
require  it,  the  said  judge  shall  be,  and  he  is  hereby  author- 
ized and  directed  to  order  a  special  term  of  the  Circuit  Court 
to  be  holden ;  which  order  shall  be  entered  upon  the  minutes 
of  the  special  term. 

SEC.  17. — Be  it  further  enacted,  That  on  receiving  notice  of 
said  order  for  a  special  term  of  the  Circuit  Court  it  shall  be 
the  duty  of  the  Clerk  and  Sheriff  of  the  county  in  which  it 
shall  be  ordered  to  make  and  draw  for  the  regular  terms  of 
said  courts  upon  which  a  pannel  so  drawn  a  venire  facias 
shall  issue,  and  the  Sheriff  shall  summon  them  accordingly, 
and  at  any  such  special  term  the  said  court  shall  h#ve  power 
to  hear  and  determine  all  business  remaining  in  the  said 
courts  unfinished  and  not  specially  continued  at  the  preced- 
ing regular  term  ;  and  shall  also  have  and  exercise  full  juris- 
diction of  jail  delivery  in  all  cases  that  have  not  been  so 
continued,  which  said  special  terms,  whenever  so  ordered, 
shall  continue  until  all  the  business  therein  pending  shall  be 
finished. 

SEC.  18. — Be  it  further  enacted,  That  no  special  term  shall 
be  ordered  to  be  holden  at  a  shorter  time  than  thirty  days, 
from  the  time  that  it  is  so  ordered  ;  and  when  a  special  term 
shall  be  directed  to  be  holden,  in  pursuance  with  this  act,  it 
shall  be  the  duty  of  the  Clerk  of  the  Court  to  put  up  written 
notices  thereof  in  at  least  three  public  places  in  the  county 
giving  twenty  days'  notice  of  the  time  and  place  of  holding 
said  court. 

SEC.  19. — Be  it  further  enacted,  That  whenever  any  Judge  of 
any  Circuit  Court  shall  be  disqualified  from  any  cause  what- 
soever he  shall  have  power  and  is  hereby  authorized  to  ap- 
point any  legal  voter  present  qualified  to  try  such  cause  and 
no  other;  and  if  any  judge  shall  try  any  cause  in  which  he 
may  be  interested  without  the  consent  of  the  parties,  he  shall 
be  deemed  guilty  of  a  high  misdemeanor  in  office  and  shall 
be  liable  to  impeachment  therefor. 


272  LAWS  OF  THE 

SEC.  20. — Be  it  further  enacted,  That  if  at  any  time  when  a 
special  term  of  any  Circuit  Court  ought  to  be  holden  it  should 
happen  that  the  presiding  Judge  of  the  Circuit  should  be 
sick,  absent,  or  from  any  other  cause  besides  being  interested, 
as  hereinbefore  provided  for,  it  shall  be  the  duty  of  the  pre- 
siding Judge  of  the  adjoining  or  other  Circuit,  on  being  noti- 
fied of  such  incapability  by  the  Judge  of  that  Circuit,  in 
•which  such  special  term  ought  to  be  holden  to  make  the 
order  for  holding  such  special  term  as  required  by  this  act, 
and  to  give  notice  thereof  to  the  clerk  and  also  to  attend  and 
hold  said  special  term. 

SEC.  21. — Be  it  further  enacted,  That  a  Circuit  Court  shall 
be  held  in  each  county  in  this  Nation  twice  in  each  and  every 
year,  and  shall  commence  and  continue  for  the  time  hereafter 
specified,  as  follows : 

IN  THE  FIRST  JUDICIAL  CIRCUIT. — In  the  County  of  Sans 
Bois,  on  the  first  Mondays  of  November  and  May,  and  may 
continue  six  judicial  days,  if  business  so  long  requires,  and  no 
longer.  In  the  County  of.  Skullyville  on  the  second  Mondays 
of  November  and  May,  and  may  continue  six  judicial  days  if 
business  so  long  requires,  and  no  longer.  In  the  County  of 
Sugar  Loaf,  on  the  third  Mondays  of  November  and  May, 
and  may  continue  six  judicial  days  if  business  so  long  re- 
quires, and  no  longer.  In  the  County  of  Gaines,  on  the 
fourth  Mondays  of  November  and  May,  and  may  continue  six 
judicial  days  if  business  so  long  requires  and  no  longer.  In 
the  County  of  Tobucksy,  on  the  first  Mondays  of  December 
and  June,  and  may  continue  six  judicial  days  if  business  so 
long  requires,  and  no  longer. 

SECOND  JUDICIAL  CIRCUIT. — In  the  County  of  Wade,  on 
the  first  Mondays  of  December  and  June,  and  may  continue 
six  judicial  days  if  business  so  long  requires,  and  no  longer. 
In  the  County  of  Nashoba,  on  the  second  Mondays  of  De- 
cember and  June,  and  may  continue  six  judicial  days  if  busi- 
ness so  long  requires,  and  no  longer.  In  the  County  -of 


CHOCTAW   NATION.  273 

Eagle,  on  the  third  Mondays  of  December  and  June,  and 
may  continue  six  judicial  days  if  business  so  long  requires, 
and  no  longer.  In  the  County  of  Buktuklo,  on  the  fourth 
Mondays  of  December  and  June,  and  may  continue  six  judi- 
cial days  if  business  so  long  requires,  and  no  longer.  In  the 
County  of  Bed  River,  on  the  first  Mondays  of  January  and 
July,  and  may  continue  six  judicial  days  if  business  so  long  re- 
quires, and  no  longer.  In  the  County  of  Towson,  on  the  second 
Mondays  of  January  and  July,  and  may  continue  six  judi- 
cial days  if  business  so  long  requires,  and  no  longer.  In 
the  County  of  Cedar,  on  the  third  Mondays  of  January  and 
July,  and  may  continue  six  judicial  days  if  business  so  long 
requires,  and  no  longer. 

THIRD  JUDICIAL  CIRCUIT. — In  the  County  of  Jack's  Fork,  on 
the  first  Mondays  of  February  and  August,  and  may  con- 
tinue six  judicial  days  if  business  so  long  requires,  and  no 
longer.  In  the  County  of  Atoka,  on  the  second  Mondays  of 
February  and  August,  and  may  continue  six  judicial  days  if 
business  so  long  requires,  and  no  linger.  In  the  County  of 
Kiamichi,  on  the  third  Mondays  of  February  and  August,  and 
may  continue  twelve  judicial  days  if  business  so  long  re- 
quires, and  no  longer.  In  the  County  of  Blue,  on  the  first 
Mondays  of  March  and  September,  twelve  judicial  days  if 
the  business  so  long  requires,  and  no  longer.  In  the 
County  of  Cooper,  on  the  fourth  Mondays  of  March  and 
September,  and  may  continue  six  judicial  days  if  business 
so  long  requires,  and  no  longer. 

SEC.  22. — Be  it  further  enacted,  That  the  Circuit  Courts  of 
the  several  Counties  of  this  Nation  shall  be  held  in  each 
county  at  the  time  and  places  fixed  by  law  for  holding  the 
Circuit  Courts,  and  shall  so  continue  to  be  held  until  other- 
wise directed  by  law. 

SEC.  23.— Be  it  further  enacted,  That  the  Judges  of  the 
Circuit  Courts  of  this  Nation  shall  be  entitled  to  receive  as 

18 


274  LAWS   OF  THE 

follows  :  the  Judge  of  the  First  Judicial  Circuit,  four  hun- 
dred dollars ;  the  Judge  of  the  Second  Judicial  Circuit;  four 
hundred  and  fifty  dollars ;  the  Judge  of  the  Third  Judicial 
Circuit,  four  hundred  dollars  a  year ;  to  be  paid  quarter- 
yearly  out  of  the  Treasury  of  the  Nation,  upon  presentation 
of  the  account  therefor  to  the  Auditor,  who  shall  issue  his 
warrant  therefor  upon  the  National  Treasurer,  who  shall  pay 
the  same  out  of  any  funds  in  the  Treasury  not  otherwise 
appropriated. 

SEC.  24. — Be  it  further  enacted,  That  all  suits  of  every 
kind  now  pending  in  the  courts  of  this  Nation,  as  organized 
under  the  old  Constitution,  untried,  be  and  the  same  are 
hereby  transferred  and  removed  to  the  proper  courts,  as 
•organized  under  the  present  Constitution.  The  Circuit 
.Judges  are  hereby  required  to  direct  the  transfer  and  re- 
moval of  all  cases  herein  before  specified,  and  all  records, 
books,  papers,  and  causes  settled  and  determined,  to  the 
county  where  he  deems  they  properly  belong. 

SEC.  25.  — Be  it  further  enacted,    That    all  acts,  or   parts  • 
of  acts,   heretofore   passed,  coming  in   anywise  in  conflict 
with  the  provisions  of  this  act,  be  and  the  same  are  hereby 
repealed,  and  that  this  act  take  effect  and  be  in  force  from 
.and  after  its  passage. 

Approved,  October  24,  1860. 


AN  ACT  entitled  an  act  defining  the  duties  of  the  Clerks  of 
the  Circuit  Courts  of  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  the  clerks  of  the  several  Circuit  Courts  of 
this  Nation  shall  be  appointed  by  the  Circuit  Judges,  and 
shall  hold  their  office  for  the  term  of  two  years. 


.       CHOCTAW   NATION.  275 

SEC.  2. — Be  it  further  enacted,  That  before  they  enter  upon 
the  duties  of  their  offices,  the  clerks  of  the  Circuit  Court  of 
each  county  shall  enter  into  bond  with  good  security,  to  be 
approved  by  the  court  of  which  he  is  clerk,  payable  to  the 
Principal  Chief  for  the  time  being,  or  his  successors  in 
office,  in  the  penalty  of  two  thousand  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  of  office,  and  that 
he  in  due  time  record  the  judgments,  decrees,  and  orders  of 
the  Court,  and  deliver  over  to  his  successor  in  office  all  re- 
cords, minutes,  books,  papers,  presses,  and  whatever  belongs 
to  said  office  of  clerk ;  which  bond  shall  be  recorded  in  the 
clerk's  office  of  said  court,  and  immediately  thereafter  de- 
posited in  the  office  of  the  National  Secretary  by  the  Judge 
approving  the  same,  and  shall  not  be  void  on  the  first  re- 
covery, but  may  be  put  in  suit  and  prosecuted  at  the  costs 
and  charges  of  any  party  injured ;  and  levied  of  the  goods 
and  chattels  of  said  clerk  and  sureties,  until  the  whole 
amount  of  the  penalty  thereof  be'  recovered,  and  a  certified 
copy  of  any  such  bond  shall  be  received  in  evidence  in  any 
court  of  law  of  this  Nation,  in  the  same  manner  as  the 
original  would  be  if  it  were  present  in  court. 

SEC.  3. — Be  it  further  enacted,  That  the  clerks  of  said 
courts  shall  have  power  to  appoint  deputies,  with  the  ap- 
probation of  their  several  courts,  who  shall  take  the  oath  of 
office;  and  thereupon  such  deputies  shall  have  full  power 
and  authority  to  do  and  perform  all  the  several  acts  and 
duties  enjoined  upon  their  principals ;  and  the  said  clerk  of 
the  said  courts  shall  have  power  to  appoint  deputies  in  va- 
cation, with  the  approbation  of  the  Judges  of  the  Circuit  in 
which  said  appointment  may  be  made,  and  which  said  ap- 
proval shall  be  given  in  writing,  and  carefully  filed  away 
by  said  clerk  in  his  office,  and  shall  be  entered  upon  the 
minutes  of  the  next  regular  term  of  the  Circuit  Court. 

SEC.  4.— Be  it  further  enacted,  That  the  clerks  of  the  said 
courts  shall  keep  their  offices  at  the  place  of  holding  the 


276  LAWS   OF  THE 

courts  of  the  counties  in  which  they  are  clerks ;  but  in  all 
cases  where  offices  have  not  been  provided  for  the  clerks  of 
s.aid  courts,  such  clerks  may  keep  the  records  and  papers  of 
ttie  said  courts  at  such  places  as  the  Judges  thereof  shall 

direct  and  enter  of  records. 

< 

SEC.  5. — Be  it  further  enacted,  That  in  case  a  vacancy  shall 
occur  in  this  office  of  Clerk  of  the.  Circuit  Court  in  any  county 
in  this  Nation  by  death,  resignation,  or  other  cause,  it  shall 
be  the  duty  of  the  Circuit  Judge  of  such  Circuit,  or  the  judge 
presiding,  to  appoint  a  clerk  pro.  tempore*  to  fill  such  vacancy 
until  a  clerk  is  duly  appointed  and  qualified  according  to  law, 
which  appointment  shall  be  entered  upon  the  minutes  of  the 
court,  and  such  clerk  appointed  shall  enter  into  bond,  and 
take  the  oath  of  office  as  in  other  cases,  and  when  so  qualified 
his  acts  shall  be  as  valid  and  he  shall  have  all  the  powers  and 
emoluments  for  the  time  that  regular  clerks  have  by  law. 

SEC.  6. — Be  it  further  enacted,  That  whenever  the  office  of 
clerk  to  any  court  shall  become  vacant  from  any  cause  what- 
soever the  records,  papers,  books,  presses,  and  stationery, 
and  everything  belonging  or  appertaining  to  said  office,  shall 
be  delivered  over  to  the  successor  in  office  by  the  person  or 
persons  having  the  same,  whenever  demanded ;  and  it  is 
hereby  declared  to  be  the  duty  of  such  successor  to  demand 
the  same  and  take  in  his  care  and  safe  keeping  all  such  rec- 
ords, books,  papers,  presses,  stationery,  and  whatsoever  be- 
longs to  the  said  office,  and  in  case  of  refusal  or  detention  of 
the  same  or  any  part  thereof,  after  demand  aforesaid,  he 
shall  give  information  to  the  District  Attorney,  who  shall 
prosecute  such  person  or  persons,  by  action  of  damages,  or 
information  in  the  name  of  the  Nation  in  any  court  of  com- 
petent jurisdiction,  and  on  conviction  thereof  by  the  verdict 
of  a  jury,  the  person  or  persons  so  refusing  or  detaining  as 
aforesaid,  shall  be  fined  in  the  sum  of  two  thousand  dollars, 
to  be  levied  of  their  goods  and  chattels  to  the  use  of  the  Na- 
tion for  the  benefit  of  the  National  Library  Fund. 
*  See  note  at  the  end  of  this  book 


CHOCTAW  NATION.  277 

SEC.  7. — Be  it  further  enacted,  That  if  any  clerk  of  the  Cir- 
cuit Courts  of  this  Nation  shall  knowingly  make  any  false 
entry,  or  erase  a  letter,  or  change  any  record  in  his  keeping, 
belonging  to  his  office,  every  such  clerk  so  offending  shall,  on 
conviction  thereof,  b6  fined  and  imprisoned  at  the  discretion 
of  the  court,  and  shall  be  liable  to  the  action  of  the  party 
aggrieved. 

SEC.  8. — Be  it  further  enacted,  That  the  several  Circuit 
Courts  shall  make  an  allowance  to  the  clerks  thereof  of  all 
needful  sums,  for  supplying  the  offices  with  necessary  books 
and  presses  for  the  records  and  the  safe  keeping  of  the  books 
and  papers  belonging  to  their  offices  respectively,  on  which 
allowance  being  certified  to  the  County  Treasurer  of  the 
proper  county,  he  shall  pay  the  same  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated. 

SEC.  9. — Be  it  further  enacted,  That  the  several  clerks  of  the 
Circuit  Courts  of  this  Nation  and  their  deputies  shall  be  and 
they  are  hereby  empowered  to  administer  oaths  in  all  cases 
wherein  an  affidavit  is  necessary  as  the  foundations  of  any 
official  act  to  be  performed  by  such  clerk,  which  affidavit 
shall  be  filed  and  shall  in  every  respect  be  as  effectual  as  if 
the  oath  had  been  administered  by  any  Judge  of  a  Court  of 
Eecord  ;  and  any  person  sworn  by  any  such  clerk  or  his 
deputy,  by  virtue  of  this  act,  shall  give  evidence  under  such 
circumstances  as  would  have  constituted  the  same  to  be  per- 
jury if  done  in  presence  of  a  court  of  record,  the  same  shall 
be  deemed  perjury  to  all  intents  and  purposes. 

SEC.  10.— Be  it  further  enacted,  That  the  Judge  of  the  Cir- 
cuit Court  of  each  County  shall  make  such  allowance  to  the 
Clerk  thereof  for  his  services  in  behalf  of  the  Nation  as  may  be 
deemed  reasonable  to  be  paid  out  of  the  Treasury  of  the 
Nation,  which  shall  be  deemed  and  taken  as  fulj  pay  to  such 
clerk  for  all  fees  which  may  accrue,  and  prosecutions  in  which 
the  Nation  may  fail ;  and  the  costs  be  not  taxed  on  the  pro- 


278  LAWS  OF   THE 

secution ;  provided  the  same  shall  not  exceed  seventy-five 
dollars  a  year. 

SEC.  11. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Circuit  Clerks  of  the  several  Counties  within  this  Nation 
to  make  out  and  certify  to  the  National  Auditor  or  County 
Treasurer,  as  the  case  may  require,  within  one  month  after 
the  adjournment  of  such  court,  a  fair  abstract  of  all  fines  and 
penalties  which  shall  be  assessed,  had  or  recovered  in  his 
courts  at  any  term  thereof,  specifying  therein  the  names  of 
the  persons,  the  amounts  of  the  fines  and  penalties,  and  the 
offences  for  which  the  same  are  assessed ;  and  in  case  such 
clerk  shall  fail  to  transmit  such  abstract  as  above  specified, 
he  shall  forfeit  and  pay  into  the  County  Treasury  the  sum  oi 
twenty-five  dollars,  to  be  assessed  by  the  Circuit  Judge  and 
collected  by  the  Sheriff  as  other  fines  are  collected  and  paid 
over. 

SEC.  12. — Be  it  further  enacted,  That  the  Circuit  Clerks  of 
each  County  in  this  Nation  are  hereby  required  to  cause  to 
be  removed  all  cases  properly  belonging  to  the  courts  of 
which  they  are  clerks,  now  pending  untried,  and  place  such 
cases  on  the  docket  for  trial  at  the  first  term  of  the  Circuit 
Court  for  the  county,  hereafter  to  be  holden  in  the  order  of 
proceedure  which  they  held  in  the  court  from  which  they 
came  ;  and  the  Circuit  Clerks  of  each  county  shall  tax,  with 
his  own  bill  of  costs  upon  the  decision  of  any  and  all  suits 
or  causes,  civil  and  criminal,  so  removed,  the  costs  due  there- 
on to  the  clerks  of  the  courts  from  whence  they  were  re- 
moved;  and  all  the  costs  so  taxed  shall  be  collected  by 
execution  and  sale,  on  failure  of  the  party  who  may  be  ad- 
judged to  pay  the  same  to  do  so ;  and  the  circuit  clerks  afore- 
said are  hereby  required  and  directed  to  take  charge  of  all 
books,  papers  and  records  of  cases,  civil  and  criminal, 
that  have  been  disposed  of  in  either  the  circuit  ^r  county 
courts  aforesaid,  and  which  the  judge  of  the  circuit  courts  of 
the  particular  circuits  shall  say  belong  to  the  court  of  which 


CHOCTAW  NATION.  279 

he  is  clerk,  and  shall  file  away  and  preserve  the  same  in  his 
office,  in  the  order  in  which  they  were  decided. 

SEC.  13. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  conflict  in  any  manner  with 
the  provisions  of  this  act  be,  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  October  19th,  1860. 


AN  ACT  entitled  an  act  to  establish  a  County  Court  in  the 
several  Counties  of  this  Nation  and  defining  the  duties 
of  the  Judges  thereof. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  there  shall  be  established  in  each  county  of  this 
Nation  a  County  Court,  to  be  styled,  the  County  Court  of  the 

County ,  with  such  jurisdiction  to  said  courts  within 

their  respective  counties  as  is  prescribed  to  them  in  sections 
ten,  eleven,  and  seventeen  of  the  present  Constitution  and 
herein  more  fully  recited. 

SEC.  2. — Be  it  further  enacted,  That  the  Judges  of  the 
County  Courts  in  each  county  in  this  Nation,  shall  be  chosen 
by  the  qualified  electors  thereof  at  the  time  and  places  of 
holding  the  general  elections  in  each  county,  and  shall  hold 
their  office  for  the  term  of  two  years,  unless  sooner  removed 
for  malconduct  in  office,  or  other  disqualifying  cause,  pro- 
vided for  in  the  Constitution  ;  and  before  entering  upon  the 
duties  of  their  office,  shall  take  and  subscribe  the  oath  pre- 
scribed in  the  Constitution  before  any  Judge  of  a  court  of 
records,  which  oath  thus  taken  and  subscribed,  shall  be  re- 
corded on  the  minutes  of  the  County  Court,  and  on  failure 
of  such  Jmdge  elect  to  qualify,  as  prescribed  by  law,  for  the 
space  of  twenty  days  after  said  election,  shall  be  deemed 
disqualified  to  hold  the  office,  and  the  vacancy  shall  be  filled 


280  LAWS   OF  THE 

in  the  same  manner  as  other  vacancies  in  said  office ;  Pro- 
vided, this  section  does  not  refer  to  those  first  holding  the 
office. 

SEC.  3. — Be  it  further  enacted,  That  the  County  Courts  in 
each  county  shall  procure  a  seal  of  said  court,  with  the 
style  of  the  court  around  the  margin,  and  an  eagle  in  the 
centre,  which  shall  be  kept  by  the  clerk  and  affixed  to  all 
letters  of  administration,  testamentary  and  guardianship,  to 
all  certificates  of  the  court  or  of  the  clerk,  and  to  every  writ 
and  process  of  every  kind  issued  from  said  court,  the  cost  of 
which  shall  be  paid  out  of  the  county  funds  upon  the  certifi- 
cate of  the  County  Judge. 

SEC.  4. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  clerks  of  the  County  Courts  to  demand  of  and  receive  of 
the  clerks  of  the  Probate  Courts,  as  organized  under  the  old 
Constitution,  all  books,  papers,  and  records,  and  all  other 
things  pertaining  to  the  office  of  County  Court,  and  on  fail- 
ure or  refusal  so  to  do,  any  Probate  Clerk  so  offending  shall 
be  fined  in  the  sum  of  one  hundred  dollars,  to  be  collected 
by  the  Circuit  Court  having  jurisdiction,  and  paid  into  the 
County  Treasury  for  county  purposes. 

SEC.  5. — Be  it  further  enacted,  That  the  County  Courts  in 
the  several  counties  of  this  Nation,  shall  have  jurisdiction  in 
the  following  cases  :  first,  of  all  cases  relative  to  probate  of 
last  wills  and  testaments,  the  granting  of  letters  of  testamen- 
tary, and  of  administration,  and  repealing  the  same  ;  second, 
the  appointment  and  displacing  of  guardians  of  orphans, 
minors,  and  persons  of  unsound  mind  or  idiotic  ;  third,  in  the 
settlement  and  allowance  of  accounts  of  executors,  adminis- 
trators, and  guardians  ;  fourth,  to  hear  and  determine  all 
controversies  respecting  last  wills  and  testaments,  the  right 
of  executorship,  administration  or  guardianship,  or  respect- 
ing the  duties,  or  accounts  of  executors,  administrators  and 
guardians ;  fifth,  to  award  process,  and  cause  to  come  before 
such  court  all  persons  whom  they  may  deem  it  necessary  Jio 


CHOCTAW  NATION.  281 

examine,  whether  parties  or  witnesses,  or  who  as  executors, 
guardians  or  administrators  or  otherwise,  shall  be  interested 
or  in  anywise  accountable  for  any  lands,  tenements,  goods, 
chattels,  moneys,  or  effects,  belonging  to  any  minor,  prphan, 
or  persons  of  unsound  mind,  or  idiotic,  or  the  estate  of  any 
deceased  person. 

SEC.  6. — Be  it  further  enacted,  That  the  several  county 
courts  of  this  Nation  shall  have  power  to  punish  any  person 
who  may  be  guilty  of  a  contempt  of  such  court  in  like  man- 
ner as  if  such  contempt  had  been  committed  against  a  Cir- 
cuit Court  of  law. 

SEC.  7. — Be  it  further  enacted,  That  all  suits,  causes,  and 
proceedings  whatever  may  be  pending  in  the  Probate  Courts, 
in  relation  to  matters  properly  belonging  to  the  County 
Courts,  shall  be,  and  the'  same  are  hereby  transferred  to  the 
County  Courts  of  the  proper  county,  there  to  tfe  proceeded 
in  and  conducted  according  to  law. 

SEC.  8. — Be  it  further  enacted,  That  the  County  Courts  of 
the  several  counties  shall  have  jurisdiction  in  all  matters  re- 
lating to  the  disbursement  of  money  for  county  purposes, 
and  in  every  other  case  that  may  be  necessary  to  the  inter- 
nal improvement  and  local  concerns  of  their  respective  coun- 
ties, they  shall  have  exclusive  original  jurisdiction  in  all  mat- 
ters of  contract  or  controversy,  except  in  actions  of  covenant 
where  the  sum  in  controversy  is  not  over  fifty  dollars. 

SEC.  9. — Be  it  further  enacted,  That  the  Judges  of  the 
County  Courts  shall  in  no  case  have  jurisdiction  to  try  and 
determine  any  criminal  case  or  penal  offence  against  the 
Nation,  but  shall  sit  as  an  examining  court,  and  commit,  dis- 
charge, or  recognize  to  the  Circuit  Court  for  further  trial  of 
offenders  against  the  laws  of  this  Nation  ;  for  the  foregoing 
purposes  they  shall  have  power  to  issue  all  necessary  writs 
and  other  process  to  bring  said  offenders  before  them,  and 
shall  have  the  power  to  bind  such  offenders  to  keep  the 
peace. 


282  LAWS  OF  THE 

SEC.  10. — Be  it  further  enacted,  That  any  person  who  has 
been,  is,  or  may  hereafter  be,  elected  to  the  office  of  County 
Judge  of  any  county  in  this  Nation,  and  who  shall  at  the 
time  of  his  election  be  executor,  administrator  or  guardian  in 
such  court,  and  not  having  settled  his  final  account  thereof, 
shall  be  disqualified  from  acting  as  County  Judge  in  such 
case,  but  it  shall  be  his  duty  to  apply  to  the  County  Judge 
of  an  adjoining  county,  who  shall  have  full  authority  to  pro- 
ceed therein,  and  shall  cause  his  proceedings  thereon  to  be 
recorded  in  the  clerk's  office  of  the  County  Court  of  the 
county  from  which  the  same  shall  have  been  so  removed. 

SEC.  11. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Judges  of  the  County  Courts  to  keep  respectively  in  their 
courts  a  docket-book  of  all  causes  pending  in  their  courts,  on 
which  docket  shall  be  entered,  in  the  order  in  which  they 
are  made,  all  applications  for  letters  testamentary  of  admin- 
istration and  guardianship,  and  all  other  suits  and  causes, 
in  said  courts,  whether  commenced  by  bill,  petition,  or  mo- 
tion, and  whether  the  same  be  ex parte*  or  between  one  or 
more  persons  or  parties  litigant  in  said  courts  ;  and  at  each 
term  of  said  courts,  it  shall  be  the  duty  of  the  Judges  thereof 
to  take  up  and  dispose  of  the  business  pending  between 
them  in  the  order  in  which  the  same  is  entered  upon  their 
docket. 

SEC.  12. — Be  it  further  enacted,  That  in  all  cases  in  which 
any  county  court  shall  make  and  enter  a  judgment  and  de- 
cree against  any  party  litigant  therein,  or  against  any  ex- 
ecutor, administrator  or  guardian,  for  payment  of  a  sum 
of  money  by  said  party  litigant,  executor,  administrator, 
or  guardian,  to  any  other  party  entitled  to  the  same,  by 
the  terms  of  said  judgment  or  decree,  said  court  shall 
have  power  to  enforce  a  compliance  with  the  terms  of 
such  judgment  or  decree,  by  process  of  fieri  facias*  is- 
sued by  said  court,  returnable  to  a  term  of  said  court,  not 

*  See  Note  at  the  end  of  this  book.. 


CHOCTAW  NATION.  283 

less  than  thirty,  nor  more  than  ninety  days  from  the  date  of 
the  process,  which  process  shall  be  executed  by  the  sheriff 
of  the  proper  county,  upon  the  tenements,  goods,  and  chat- 
tels of  the  party  against  whom  the  same  shall  be  issued,  or 
by  process  of  attachment  against  the  person  of  the  party 
against  whom  the  judgment  or  decree  shall  have  been  ren- 
dered ;  Provided,  that  no  such  attachment  shall  issue  until 
the  party  against  whom  the  same  is  prayed  shall  have  been 
cited  to  appear  at  some  regular  term  of  the  court  to  show 
cause  why  it  should  not  issue  ;  and  if  upon  the  service  of  the 
citation,  the  party  shall  fail  to  appear,  and  show  cause  against 
the  issuing  of  the  attachment,  the  court  shall  issue  a  peremp- 
tory attachment  commanding  the  sheriff  to  imprison  the 
person  or  the  party,  until  they  comply  with  the  judgment  of 
the  court. 

SEC.  13. — Be  it  further  enacted,  That  the  County  Courts  shall 
have  power,  and  are  hereby  required  to  entertain  bills  of  review, 
for  the  correction  of  any  interlocutory  order,  or  final  decree 
of  said  courts  in  proceedings  for  the  final  settlement  of  any 
executor,  administrator  or  guardian ;  any  person  interested 
by  bill  of  review  may  open  and  cause  to  be  examined  by  the 
courts,  any  annual  or  partial  settlement  made  by  such  execu- 
tor, administrator  or  guardian,  and  surcharge  and  falsify  the 
accounts  rendered  upon  such  settlement,  and  any  person  in- 
terested may,  at  any  time  within  two  years  after  final  settle- 
ment, by  bill  of  review,  open  the  account  of  any  executor, 
administrator  or  guardian,  and  surcharge  and  falsify  the 
same,  and  not  after,  saving  to  minors  and  married  women, 
the  same  time  after  the  removal  of  their  disability. 

SEC.  14  — Be  it  further  enacted,  That  no  order  or  decree 
affecting  the  rights  or  interest  of  any  minor,  shall  be  valid 
and  binding  upon  said  minor,  or  his  or  her  interest  in  any 
estate  administered  in  any  County  Court  in  this  Nation,  un- 
less his  or  her  guardian,  if  a  resident  of  the  county  in  which 
the  proceedings  are  had,  shall  be  first  personally  served  with 


28-i  LAWS  OF  THE 

five  days'  notice  to  appear  and  defend  the  rights  of  said 
minor,  or  if  the  guardian  of  such  minor  be  not  a  resident  of 
said  county,  and  do  not  appear,  or  if  the  guardian,  whether 
resident  or  not  of  the  county,  be  a  party  personally  interested 
to  give  validity  and  effect  to  any  such  order  or  decree,  the 
court  shall  appoint  a  guardian,  ad  litem*  to  protect  the  in- 
terest of  such  minor. 

SEC.  15. — Be  it  further  enacted,  That  when  any  Judge  of 
the  County  Court  shall  be  related  by  affinity  or  consanguinity 
to  either  party,  or  having  any  interest  in  the  cause  pending 
in  said  court,  such  Judge  shall  be  incompetent  to  try  said 
cause,  and  it  shall  be  his  duty  to  appoint  any  discreet  person 
qualified  to  try  that  case  for  which  he  is  disqualified  ;  Pro- 
vided, that  the  incompetency  of  such  Judge  may  be  waived 
by  the  interested  parties,  and  entered  of  record,  and  his 
competency  to  try  the  cause  be  restored. 

SEC.  16. — Be  it  further  enacted,  That  the  County  Judges 
may  hold  a  special  term  of  their  courts  by  giving  ten  days' 
notice,  in  three  public  places,  and  specifying  the  causes  to  be 
tried  at  such  special  term,  and  no  other  business  shall  be 
disposed  of,  and  that  the  election  of  an  attorney-at-law,  to 
the  office  of  County  Judge,  shall  not  deprive  such  attorney 
of  the  right  to  practice  in  his  profession,  in  any  court  of  law, 
except  the  court  of  which  he  is  Judge ;  Provided,  that  he 
shall  not  prosecute,  or  defend,  or  advise  either  party  in  any 
matter  or  cause  which  he  may  have  decided,  and  on.  which 
an  appeal  or  other  proceedings  are  had  in  any  other  court  in 
this  Nation ;  and  if  any  Judge  of  a  County  Court  shall  aid, 
abet,  or  counsel,  or  advice,  in  any  such  matter,  cause  or  con- 
troversy, he  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  may,  for  the  same,  be  removed  from  office. 

SEC.  17. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  County  Judges,  of  each  county  in  this  Nation,  to  hold  a 
court  at  the  place  now  fixed  by  law  for  holding  County 

*  See  Note  at  the  end  of  this  book. 


CHOC  TAW   NATION.  285 

Courts  in  his  county  on  the  first  Monday  in  every  month, 
which  may  continue  for  four  days,  if  business  so  long  re- 
quires, and  no  longer,  and  the  sheriff  of  the  county  shall  at- 
tend said  courts,  and  shall  serve  all  summons  or  process 
to  him,  directed  from  the  County  Court  of  his  or  any  other 
county  within  the  Nation,  and  shall  make  returns  thereof, 
according  to  the  tenor  of  the  same  ;  and  on  failure,  he  shall 
be  liable  to  be  proceeded  against  in  the  same  manner  as  for 
the  like  failure  in  other  cases. 

SEC.  18. — Be  it  further  enacted,  That  it  shall  be  lawful  for 
the  clerks  of  the  County  Courts  to  issue  execution  for  the 
cost  of  any  suit  or  proceeding  which  may  originate  in  said 
court,  which  the  said  clerk  and  County  Judge  may  be  enti- 
tled to,  by  law,  and  the  sheriff  shall  collect  and  return  the 
same  in  the  same  manner  as  if  issued  by  the  clerk  of  the 
Circuit  Court. 

SEC.  19. — Be  it  further  enacted,  That  all  books  for  minutes, 
records,  and  other  matters  deemed  necessary  for  the  use  of 
the  clerks  of  the  several  counties  in  this  Nation,  shall  be  pro- 
cured by  the  clerks  thereof,  and  the  accounts  therefor  certi- 
fied to  by  the  Judges  of  said  courts,  and  paid  out  of  the 
county  treasury  of  their  respective  counties. 

SEC.  20. — Be  it  further  enacted,  That  the  County  Judges  of 
this  Nation  shall  receive,  as  a  compensation  for  their  ser- 
vices, the  sum  of  one  hundred  dollars  each  per  annum,  to  be 
paid  quarter-yearly  ;  when  they  present  their  account  to  the 
National  Auditor  he  shall  issue  his  warrant  for  the  same  out 
of  the  National  Treasury. 

SEC.  20. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed  in  any  manner  coming  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  October  25th,  1860. 


286  LAWS   OF   THE 

AN  ACT  entitled  an  act  defining  the  duties  and  fixing  the 
salaries  of  the  Clerks  of  the  County  Courts  of  this 
Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation,  That  the  clerks  of  the  several  counties  of  this  Na- 
tion shall  be  appointed  by  the  County  Judges  of  the  several 
counties,  and  shall  hold  their  office  for  the  term  of  two  years, 
unless  sooner  removed  for  misdemeanor,  or  other  disqualify- 
ing cause,  from  office. 

SEC.  2. — Be  it  further  enacted,  That  before  entering  upon 
the  duties  of  their  offices,  the  clerks  of  the  County  Court 
shall  take  the  oath  of  office  prescribed  in  the  Constitution, 
which  oath,  when  taken  and  subscribed,  shall  be  entered  on 
the  records  of  said  Court ;  and  any  Judge  of  a  Court  of  Ke- 
cord  shall  be  qualified  to  administer  such  oath  to  the  clerks 
aforesaid  ;  any  clerk  failing  or  refusing  to  take  the  oath  of 
office  for  fifteen  days  after  his  appointment,  shall  be  incom- 
petent to  hold  the  office,  and  the  vacancy  shall  be  filled  in 
the  same  manner  as  other  vacancies  in  said  office  are 
filled. 

SEC.  3. — Be  it  further  enacted,  That  the  clerks  of  the 
County  Courts  shall,  before  they  enter  upon  the  duties  of 
their  office,  enter  into  bond  with  good  security,  payable  to 
the  Principal  Chief  of  the  Nation  and  his  successors  in  office, 
in  the  same  manner,  and  in  the  same  penalty,  an  1  with  the 
same  conditions  as  is  required  of  the  several  circuit  clerks  of 
this  Nation,  which  bond  shall  be  recorded  and  filed,  as  is  pre- 
scribed for  the  said  circuit  clerks'  bonds. 

SEC.  4. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  clerks  of  the  County  Courts  to  keep  and  preserve  all  re- 
cords, files,  books,  papers,  and  the  proceedings  of  said  court, 
to  record  all  last  wills  and  testaments,  duly  proved  and  ap- 
proved, all  accounts  finally  allowed,  all  inventories  and  ap- 
praisements duly  made  and  sworn  to,  to  issue  all  citations, 


CHOCTAW  NATION.  287 

subpoenas,  and  other  process,  as  issue  of  course,  and  all  such 
as  are  directed  by  the  court  in  term  time,  or  the  Judge  in 
vacation,  and  to  do  and  perform  all  those  things  that  apper- 
tain to  the  office  of  a  Clerk  of  the  County  Court ;  and  the 
clerk's  office  in  term  time  shall  be  under  the  direction  of  the 
court,  and  in  vacation  under  the  direction  of  the  Judge  of 

said  court. 

• 

SEC.  5.  —  Be  it  further  enacted,  That  the  clerks  of  the 
County  Courts  in  this  Nation  shall  keep  their  offices  at  the 
places  designated  by  law  for  holding  Circuit  Courts ;  but  in 
all  cases  where  offices  have  not  been  provided  for  the  clerks 
of  the  courts,  such  clerks  may  keep  all  the  books,  records, 
and  papers  belonging  to  their  offices,  at  such  places  as  the 
County  Judges  may  direct  and  so  enter  of  record. 

SEC.  6.  —  Be  it  further  enacted,  That  the  several  County 
Clerks  may  appoint,  in  the  same  manner  as  is  provided  by 
law  for  the  appointment  of  deputy  clerks  of  the  Circuit 
Courts,  and  such  deputies  shall  have  power  to  act  in  the 
name  of  their  principals ;  and  the  said  clerk,  or  his  deputy, 
may,  either  in  term  time  or  vacation,  administer  oaths  in  re- 
lation to  the  probate  of  accounts,  and  as  to  all  matters  con- 
nected with  the  proceedings  of  the  County  Court,  and  also 
to  administer  oaths  in  all  cases  wherein  an  affidavit  is  neces- 
sary, as  the  foundation  of  any  official  act  to  be  performed  by 
any  such  clerk. 

SEC.  7. — Be  it  further  enacted,  That  whenever  the  office  of 
County  Clerk  shall  become  vacant,  from  any  cause  whatso- 
ever, the  records,  books,  papers,  stationery,  and  everything 
in  anywise  belonging  to,  or  appertaining  to  said  office,  shall 
be  demanded,  delivered  over,  and  secured  in  the  manner, 
and  in  case  of  refusal  or  detention,  under  the  penalties  pre- 
scribed in  the  act  passed  at  the  present  session  of  the  Gene- 
ral Council,  defining  the  duties  of  the  clerks  of  the  Circuit 
Courts  of  this  Nation. 


288  LAWS   OF   THE 

SEC.  8. — Be  it  further  enacted,  That  if  any  County  Clerk 
shall  knowingly  make  any  false  entry,  or  erase  a  letter,  or 
change  any  records  in  his  keeping,  belonging  to  his  office, 
every  such  clerk  so  offending  shall,  on  conviction  thereof,  be 
fined  and  imprisoned  at  the  discretion  of  the  Court,  and 
shall,  moreover,  be  liable  to  the  action  of  the  party 
aggrieved. 

SEC.  9. — Be  it  further  enacted,  That  in  case  the  Clerk  of  the 
County  Court  in  any  county,  shall  be  at  any  time  unable  to 
attend  said  courts,  from  any  cause  whatsoever,  it  shall  be 
lawful  for  the  Judges  of  the  County  Courts,  in  case  there  is 
no  deputy  clerk  of  said  court  present,  to  appoint  a  person  to 
act  as  clerk  pro  tempwe,  who  shall  take  the  oath  of  office 
faithfully  to  discharge  the  duties  of  the  same,  and  for  his 
services  as  clerk  he  shall  be  entitled  to  the  fees  allowed  by 
law  to  the  clerk  of  said  court. 

SEC.  10. — Be  it  further  enacted,  That  the  County  Court  in 
each  county  shall  make  allowances  of  all  sums  necessary  for 
furnishing  the  clerk's  office  with  tables,  chairs,  and  presses 
to  preserve  papers,  to  be  paid  out  of  the  County  Treasury 
of  the  proper  county,  under  direction  of  the  County 
Judge. 

SEC.  11. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
each  clerk  of  the  County  Courts  to  record  in  the  books  pro- 
vided for  his  office  all  deeds,  mortgages,  conveyances,  deeds 
of  trust,  bonds,  covenants,  or  other  instruments  of  writing, 
of  or  concerning  any  tenements,  or  goods  and  chattels,  which 
shall  be  proved  or  acknowledged  according  to  law,  and  au- 
thorized to  be  recorded  in  his  office. 

SEC.  12. — Be  it  further  enacted:,  That  each  clerk  of  the 
County  Courts  shall  record  in  a  book,  to  be  provided  for  the 
purpose,  all  marriage  contracts  and  marriage  certificates, 
and  all  commissions  and  official  bonds,  required  to  be  re- 
corded in  his  office. 


CHOCTAW   NATIOX  289 

SEC.  13. — Be  it  further  enacted,  That  when  any  deed,  mort- 
gage, deed  of  trust,  bond,  conveyance,  or  other  instrument 
of  writing,  authorized  by  law  to  be  recorded,  shall  be  de- 
posited in  the  office  of  the  County  Clerk  of  any  county  for 
record ;  the  clerk  shall  enter  in  a  book,  to  be  provided  for 
the  purpose,  in  alphabetical  order,  the  names  of  the  per- 
Fons,  and  date,  and  nature  thereof,  the  time  of  delivery  for 
record,  and  shall,  if  required,  give  the  person  delivering  the 
same,  a  receipt  specifying  the  particulars  thereof. 

SEC.  14. — Be  it  further  enacted,  That  each  clerk  of  the 
County  Courts  shall  record  immediately  upon  reception  all 
and  every  character  of  instruments  of  writing  filed  in  said 
office,  if  in  conformity  with  the  requisitions  of  the  law,  by  en- 
tering them  word  for  word,  and  letter  for  letter,  and  noting 
at  the  foot  of  the  record  the  day  of  the  month  and  year  the 
same  was  deposited  in  his  office  for  record. 

SEC.  15. — Be  it  further  enacted,  That  every  deed,  mortgage, 
conveyance,  deed  of  trust,  bond,  or  other  instrument  of  writ- 
ing, shall  be  considered  as  recorded  from  the  day  it  was  de- 
livered for  record,  and  the  clerk  shall  certify  and  attach  to 
every  such  deed,  mortgage,  conveyance,  or  deed  of  trust, 
bond,  and  other  instrument  of  writing  so  recorded,  the  day 
of  the  month  and  year  when  he  received  it,  and  the  book  and 
pages  in  which  it  was  recorded,  and  deliver  the  same  to  the 
party  entitled  thereto  or  his  order. 

SEC.  16. — Be  it  further  enacted,  That  each  clerk  shall  pro- 
vide and  keep  in  his  office  a  well  bound  book,  and  make  and 
enter  therein  an  index  in  alphabetical  order  to  all  books  of 
records,  wherein  deeds,  mortgages,  or  other  instruments  in 
writing  are  recorded,  distinguishing  the  books  and  papers  in 
which  every  such  deed  of  writing  is  recorded. 

SEC.  17. — Be  it  further  enacted,  That  such  index  shall  con- 
tain the  names  of  the  several  grantors  and  grantees,  in  alpha- 
betical order  ;  and  in  case  the  deed  be  made  by  a  sheriff,  the 
name  of  the  sheriff  and  the  name  of  the  defendant  in  execu- 
19 


290  LAWS   OF   THE 

tion ;  and  if  by  executor  or  administrator,  their  names  and 
the  names  of  their  testator  or  intestate ;  and  if  by  attorney, 
his  name,  and  that  of  his  constituents ;  and  if  by  a  commis- 
sioner, his  name  and  that  of  the  pers*on  whose  estate  is  con- 
veyed. 

SEC.  18. — Be  it  further  enacted,  That  each  clerk  shall,  in 
like  manner,  make,  keep  and  preserve  a  full  and  perfect 
alphabetical  index  to  all  books  and  records  in  his  office, 
wherein  all  deeds  and  instruments  of  writing  in  relation  to 
personal  property,  marriage  contracts,  certificates  of  mar- 
riage, and  all  other  papers  and  records,  and  a  like  index  of 
all  the  books  of  records  wherein  commissions  and  official 
bonds  are  recorded  ;  the  names  of  the  officers  appointed  or 

•  elected,  and  of  the  obligors  in  any  bond  recorded,  and  a 
reference  to  the  book  and  page  where  the  same  are  recorded; 
and  that  each  clerk  shall  make  a  reference  in  the  several  in- 

-dexes  of  all  deeds  and  conveyances  which  may  be  hereafter 
recorded,  so  as  to  afford  at  all  times  an  easy  reference  to 

:  such  records. 

SEC.  19. — Be  it  further  enacted,  That  if  any  clerk  to  whom 
any  deed  or  other  writing  proved  or  acknowledged  according 
to  law  shall  be  delivered  for  record,  shall  neglect  or  refuse  to 
make  an  entry  thereof,  or  give  receipt  therefor  as  required  by 
this  act,  or  shall  neglect  or  refuse  to  record  such  deeds  or 
other  writing  within  a  reasonable  time  after  receiving  the 
same,  or  shall  record  any  deeds  or  instrument  of  writing  be- 
fore another  first  deposited  in  his  office  and  entered  to  be  re- 
corded, or  shall  record  any  deed  or  other  writing  incorrectly, 
or  shall  neglect  or  refuse  to  provide  and  keep  in  his  office 
such  indexes  as  required  by  this  act,  he  shall  forfeit  and  pay 
the  sum  of  one  hundred  dollars,  to  be  recovered  by  action  of 
damages,  one  half  to  the  use  of  the  county  and  the  other  half 
to  the  use  of  the  person  who  shall  sue  for  the  same,  and 
also  be  liable  to  any  person  injured  for  all  damages  he  may 
>have  sustained  thereby,  to  be- recovered  by  action  of  dam- 


CHOCTAW   NATION.  291 

ages  on  the  official  bonds  of  such  clerk  or  by  special  action 
on  the  case. 

SEC.  20. — Be  it  further  enacted,  That  if  any  clerk  shall  will- 
fully neglect  to  .perform  any  of  the  duties  required  of  him  by 
this  act,  or  shall  perform  them  in  any  other  manner  than  is 
required  by  law,  he  shall  be  deemed  guilty  of  a  misdemeanor 
in  office  and  shall  be  removed  therefrom  ;  provided,  that  no 
clerk  shall  be  bound  to  record  any  deed  or  other  instrument 
of  writing  for  which  a  fee  may  be  allowed  by  law,  until  such 
fee  shall  have  been  paid  or  tendered  to  him  by  the  party  re- 
quiring the  record  to  be  made. 

SEC.  21. — Be  it  further  enacted,  That  the  clerks  of  the  sev- 
eral Probate  Courts,  under  the  old  Constitution,  shall  deliver 
over  to  the  clerks  of  the  county  courts  of  the  respective 
counties,  all  books,  records,  and  papers  belonging  to  said 
county  courts,  so  far  as  they  appertain  to  the  jurisdiction  of 
said  county  courts  under  the  laws  and  constitution  of  this 
Nation,  which  said  books,  papers,  and  records  shall  be  kept 
and  preserved  by  said  clerks  of  the  county  courts,  and  they 
are  authorized  and  required  to  do  and  perform  all  acts  in  re- 
lation thereto,  which  are  now  authorized  and  required  to  be 
done  by  said  clerks  of  the  county  courts. 

SEC.  22. — Be  it  further  enacted,  That  the  clerks  of  the  sev- 
eral counties  in  this  Nation  shall  be  entitled  to  receive  as  a 
compensation  for  their  services,  the  sum  of  fifty  dollars  a 
year,  each  to  be  paid  quarter-yearly  on  the  County  Judge's 
order  to  the  National  Auditor,  who  is  directed  to  issue  his 
warrant  on  the  National  Treasury  for  the  same. 

SEC.  23. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  wise  in  conflict  with  the 
provisions  of  this  act  be,  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  October  29th,  1860. 


292  LAWS  OF  THE 

AN  ACT  entitled  an  act  defining  the  duties  of  County  Trea- 
surer of  the  several  counties  in  each  district  of  the  Choc- 
taw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  clerk  of  the  County  Court  in  each 
county  within  this  Nation  shah1  be  County  Treasurer,  who 
shall  hold  his  office  for  the  term  of  two  years,  unless  sooner 
removed  ;  shall  be  commissioned  by  the  Principal  Chief,  and 
before  he  enters  on  the  duties  of  his  office,  he  shall  take  and 
subscribe  the  oath  prescribed  in  the  Constitution  before  the 
County  Judge  of  the  county  for  which  he  is  appointed,  which 
shall  be  certified  by  the  County  Judge  administering  the 
same  on  the  book  of  his  commission,  and  shall  also  give 
bond  with  two  or  more  good  and  sufficient  securities  to  be 
approved  by  the  Judge  of  the  County  Court,  in  such  penalty 
as  said  Judge  may  direct,  payable  to  said  Judge  of  said  court 
of  the  proper  county  for  the  time  being,  and  his  successor  in 
office  with  the  like  condition,  after  making  the  necessary 
changes  as  is  directed  by  law  to  be  given  in  the  bond  of  the 
National  Treasurer,  which  bond,  with  the  approbation  of  the 
sureties  therein  named  endorsed  thereon,  shall,  together  with 
the  endorsement  be  recorded  in  the  office  of  the  clerk  of  the 
County  Court  of  the  county  for  which  said  Treasurer  is  ap- 
pointed, and  the  bond  filed  in  the  same  office,  there  to  be 
safely  kept  and  preserved,  and  may  be  sued  on  in  the  like 
manner,  and  with  like  effect,  in  all  respects  as  the  bond 
given  by  the  National  Treasurer. 

SEC.  2. — Be  it  further  enacted,  That  if  any  county  treasurer 
shall  neglect  or  refuse  to  give  bond  and  security,  and  take 
the  oath  of  office  as  aforesaid,  for  the  space  of  ten  days  after 
he  shall  have  been  appointed,  such  appointment  is  hereby  de- 
clared absolutely  null  and  void,  and  the  Judge  of  the  County 
Court  shall  immediately  appoint  another  in  his  place,  with 
the  like  conditions  aforesaid  in  the  above  section. 


CHOCTAW  NATION.  293 

SEC.  3. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
each  county  treasurer  to  receive  and  keep  the  moneys  of  the 
county,  to  disburse  the  same  agreeable  to  law,  and  take  re- 
ceipts for  all  moneys  he  shall  so  disburse ;  and  he  shall  keep 
regular  accounts  of  the  receipts  and  expenditures  of  the 
funds  of  the  county,  and  of  all  debts  due  to  or  from  the 
county  for  which  he  is  treasurer,  and  direct  prosecutions,  ac- 
cording to  law,  for  all  debts  that  are  or  shall  be  due  to  the 
county  for  which  he  is  appointed. 

SEC.  4. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  several  county  treasurers  to  make  a  detailed  report,  quar- 
ter yearly,  of  his  county,  of  all  moneys  received  by  them, 
and  the  disbursement  thereof,  and  of  all  debts  due  to  and 
from  the  county,  may  clear  and  distinctly  appear ;  and  if  any 
county  treasurer  shall  neglect  or  refuse  to  make  such  report, 
he  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars  for 
every  such  neglect  or  refusal,  to  be  recovered  by  action  of  debt, 
or  information  in  the  name  of  the  Judge  of  the  County 
Court  of  such  county  in  any  court  of  competent  jurisdiction, 
and  applied  to  the  use  of  the  county ;  and  provided,  that  the 
county  treasurer  fail  to  make  reports  on  account  of  sickness, 
or  any  other  lawful  excuse,  then  he  shall  not  be  prosecuted 
for  the  same. 

SEC.  5. — Be  it  further  enacted,  That  the  county  treasurer  of 
each  county  is  hereby  empowered  and  required  to  examine 
the  accounts,  dockets  and  records  of  the  clerks  of  circuit 
court,  sheriff  and  ranger  of  his  county,  for  the  purpose  of  as- 
certaining whether  any  moneys  of  right  belonging  to  such 
county  may  be  in  their  hands. 

SEC.  6. — Be  it  further  enacted,  That  when  any  allowance 
shall  be  made  by  any  court  to  any  other  persons  payable 
out  of  the  county  treasury,  the  clerk  of  such  court  shall  make 
out  a  fair  copy  of  the  account  so  allowed,  and  certify  such 
allowance  under  his  hand  and  seal  of  office,  and  recite  therein 
under  what  statute  it  was  made ;  and  if  the  county  treasu- 


294  LAWS  OF  THE 

rer  shall  have  any  doubt  of  the  propriety  of  any  such  allow- 
ance made  as  aforesaid,  he  shall  not  pay  the  same,  but  shall 
make  report  thereon  to  the  next  succeeding  meeting  of  the 
County  Court,  for  its  consideration ;  and  no  court  shall  be 
authorized  to  make  any  allowance  payable  out  of  the  county 
treasury,  unless  the  same  be  provided  for  by  some  act  or 
resolution  of  the  General  Council ;  and  no  money  shall  be 
paid  out  of  the  county  treasury  to  any  person  or  persons  un- 
less the  same  shall  have  been  previously  allowed  by  the  Coun- 
ty Court  of  the  proper  county,  or  some  other  court  or  offi- 
cer lawfully  authorized  to  make  allowance,  and  duly  certified. 

SEC.  7. — Be  it  further  enacted,  That  if  any  county  treasurer 
shall  misapply,  waste  or  embezzle  any  money  in  the  treasury 
of  the  county,  it  shall  be  the  duty  of  the  National  Attorney, 
or  District  Attorney  of  the  proper  circuit,  to  proceed  against 
such  defaulting  treasurer  and  his  sureties,  for  the  amount  of 
the  money  so  misapplied,  wasted  or  embezzled,  by  motion, 
in  the  name  of  the  Judge  of  the  County  Court  for  the  time 
beifcg,  in  the  Circuit  Court  of  the  county  wherein  such  de- 
fault was  made,  ten  days'  previous  notice  of  such  motion 
being  first  given  to  such  county  treasurer  and  his  sureties ; 
and  the  Court  may,  on  such  motion,  direct  a  jury  to  be  im- 
panneled  instantly  for  the  trial  of  the  issue,  if  the  defendants 
appear  and  plead,  or  to  inquire  of  damages,  if  the  defend- 
ants make  default ;  and  if,  on  such  trial,  the  treasurer  shall 
be  convicted,  he  and  his  sureties  shall  be  adjudged  fo  pay 
double  damages  ;  and,  moreover,  such  county  treasurer  shall 
be  thereby  rendered  incapable  thereafter  of  holding  any 
office  of  honor  or  profit  under  this  Nation. 

SEC.  8. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  clerks  of  the  Circuit  Court  of  the  several  counties  in 
this  Nation,  within  ten  days  after  the  adjournment  of  their 
courts  respectively,  to  return  to  the  county  treasury  of  the 
proper  county,  a  list  containing  a  statement  of  all  fines, 
penalties  and  forfeitures  imposed  by  said'  courts  respec- 


CHOCTAW   NATION".  295 

tively,  which  may  be  payable,  in  whole  or  in  part,  into  the 
county  treasury  of  such  county,  not  contained  in  any  pre- 
vious return,  together  with  the  name  of  the  sheriff,  clerk,  or 
other  officer,  who  has  received  any  such  fines,  penalties, 
forfeitures,  or  become  liable  to  pay  the  same  by  law,  in  order 
to  enable  the  said  county  treasurer  to  collect  the  same  ac- 
cording to  law  ;  and  every  clerk  failing  to  perform  the  afore- 
said duty  shall  forfeit  and  pay  the  sum  of  one  hundred  dol- 
lars, to  be  recovered  by  the  county  treasurer  of  the  proper 
county,  by  action  of  debt  or  information  in  any  court  of  com- 
petent jurisdiction,  and  paid  into  the  county  treasury  for 
county  purposes. 

SEC.  9. — Be  it  further  enacted,  That  if  any  sheriff,  clerk,  or 
other  officer  who  has  received,  or  become  liable  by  law,  for  the 
payment  of  any  fine,  penalty,  or  forfeitures,  and  shall  not 
within  twenty  days  after  his  having  received  the  same,  or 
become  so  liable,  account  with  the  county  treasurer  of  the 
proper  county,  and  pay  the  same*  into  the  treasury  thereof, 
then,  and  in  every  such  case,  it  shall  and  may  be  lawful' for 
the  said  treasurer,  upon  motion  made  in  the  Circuit  Court  of 
said  county,  to  demand  judgment  against  such  sheriff,  clerk 
or  other  officer,  and  their  sureties,  for  the  amount  of  such 
fines,  penalties,  forfeitures,  as  aforesaid,  and  such  court  is 
hereby  required  to  give  judgment  accordingly,  and  award 
execution  thereon  ;  Provided,  that  such  sheriffs  or  other  offi- 
cer have  ten  days'  previous  notice,  in  writing,  of  every  such 
motion. 

SEC.  10. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Attorney  and  District  Attorney,  in  their  respec- 
tive circuits,  to  attend  to  the  prosecution  of  all  suits  against 
any  defaulting  officers  named  in  this  act. 

SEC.  11. — Be  it  further  enacted,  that  if  the  county  treasurer 
of  any  county  within  this  nation  shall  be  convicted  of  hav- 
ing violated  any  of  the  duties  enjoined  on  him  by  this  act, 
the  Judge  of  the  County  Court  shall  vacate  the  commission 


296  LAWS  OF  THE 

of  such  county  treasurer,  and  the  vacancy  occasioned  there- 
by shall  be  supplied  by  the  Judge  of  the  County  Court,  to 
be  commissioned  by  the  Principal  Chief ;  oath,  bond  and  se- 
curities to  be  given,  as  is  required  in  the  section  first  of  this 
act. 

SEC.  12.  —  Be  it  further  enacted,  That  the  Judge  of  the 
County  Court  of  each  and  every  county  in  this  Nation,  be 
and  are  hereby  required  to  allow  the  county  treasurer  of  each 
and  every  county  a  recompense  of  five  per  cent,  on  all 
moneys  paid  into  the  county  treasury  for  county  purposes. 

SEC.  13. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  anywise  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  October  29th,  1860. 


AN  ACT  entitled  an  act  defining  the  duties  of  the  office  of 
sheriff  in  the  several  counties  of  the  Choctaw  Nation,  and 
fixing  his  salary. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  That  there  shall  be  elected  by  the  qualified  electors 
of  each  county  in  this  Nation,  at  the  times  and  places  of 
holding  the  general  elections,  one  sheriff  for  each  county 
within  this  Nation,  who  shall  be  commissioned  by  the  Prin- 
cipal Chief,  and  shall  continue  in  office  for  the  term  of  two 
years,  unless  sooner  removed ;  and  before  he  enters  on  the 
duties  of  his  office,  he  shall  take  the  oath  of  office  prescribed 
in  the  Constitution  before  any  Judge  of  a  Court  of  Record, 
and  enter  into  bond  with  good  and  sufficient  securities,  to  be 
approved  by  the  County  Judge  of  such  county,  in  the  penalty 
hereinafter  specified,  payable  to  the  Principal  Chief  of  the 
Nation  for  the  time  being  and  his  successors  in  office ;  the 


CHOCTAW   NATION.  297 

condition  of  such  bond  shall  be  in  the  form  or  to  the  effect  fol- 
lowing, to  wit :  The  condition  of  the  above  obligation  is  such, 
that,  whereas,  the  above  bound  -  -  was  duly  elected  by 

the  qualified  electors  of  the  county  of  -  -  sheriff  of  said 

county,  at  an  election,  held  on  the  —  day  of  -  — ,  for 

the  term  of  two  years ;  now,  therefore,  if  the  said  — 
shall  well  and  truly  collect  all  fines  and  forfeitures  accruing 
to  or  becoming  due  to  the  Nation,  or  any  county  within  the 
same,  which  may  lawfully  come  into  his  hands  for  collection 
against  any  person  or  persons  residing  or  being  found  within 
the  county  of  which  he  is  sheriff,  and  shall  punctually  pay  all 
such  fines  and  forfeitures  so  collected  to  the  person  or  per- 
sons entitled  by  law  to  receive  the  same,  and  shall  also  well 
and  truly  execute  and  make  due  return  of  all  process  and 
precepts  to  him  lawfully  directed,  and  pay  and  satisfy  all 
sums  of  money  by  him  received  by  virtue  of  any  civil  process 
or  precepts  to  the  person  or  persons  to  whom  the  same  are 
due,  his  agent  or  attorney,  lawfully  authorized  to  receive  the 
same,  his  or  her  executors,  administrators,  or  assignees,  and 
in  all  things  shall  well  and  truly  execute  and  faithfully  per- 
form the  said  duties  of  the  office  of  sheriff  during  the  term  of 
his  continuance  therein,  then  the  above  obligation  shall  be 
void,  otherwise  to  be  and  remain  in  full  force  and  virtue.  The 
County  Judge  shall  endorse  on  said  bond  his  approbation  of 
the  sureties  therein  named,  and  a  certificate  that  he  has  ad- 
ministered to  the  sheriff  the  oath  of  office,  and  shall  cause  the 
bond,  together  with  the  endorsement  thereon,  to  be  recorded 
in  the  office  of  the  Clerk  of  the  County  Court,  and  immedi- 
ately thereafter  deposit  the  same  in  the  office  of  the  National 
Secretary,  there  to  be  safely  kept  and  preserved ;  and  shall 
not  be  void  on  the  first  recovery,  but  may  be  put  in  suit  and 
prosecuted  from  time  to  time  at  the  cost  and  charges  of  any 
party  injured,  until  the  whole  amount  of  the  penalty  thereof 
be  recovered.  An  authenticated  copy  of  any  such  bond  shall 
be  received  in  evidence  in  any  court  of  law  in  this  Nation  in 


298  LAWS   OF   THE 

the  same  manner  as  the  original  would  be  if  it  were  present 
in  court. 

SEC.  2. — Be  it  further  enacted,  That  the  sheriffs  of  the  several 
counties  in  this  Nation  shall  respectively  execute  bonds,  with 
security  as  aforesaid  in  the  following  penalties,  to  wit :  the 
Sheriff  of  the  county  of  Sans  Bois  in  five  hundred  dollars; 
the  Sheriff  of  Skullyville  county,  fifteen  hundred  dollars;  the 
Sheriff  of  the  county  of  Sugar  Loaf  in  one  thousand  dollars ; 
the  Sheriff  in  the  county  of  Gains  in  five  hundred  dollars ; 
the  Sheriff  of  the  county  of  Tobucksy  in  five  hundred  dollars  ; 
the  Sheriff  of  the  county  of  Wade  in  five  hundred  dollars ; 
the  Sheriff  of  the  county  of  Nashoba  in  five  hundred  dollars ; 
the  Sheriff  of  the  county  of  Eagle  in  one  thousand  dollars ; 
the  Sheriff  of  the  county  of  Boktuklo  in  one  thousand  dol- 
lars ;  the  Sheriff  of  the  county  of  Bed  River  in  one  thousand 
dollars ;  the  Sheriff  of  the  county  of  Towson  in  fifteen  hun- 
dred dollars ;  the  Sheriff  of  the  county  of  Cedar  in  one 
thousand  dollars ;  the  Sheriff  of  the  county  of  Jack's  Fork  in 
five  hundred  dollars ;  the  Sheriff  of  the  county  of  Atoka  in 
five  hundred  dollars ;  the  Sheriff  of  the  county  of  Kiarnichi 
in  fifteen  hundred  dollars ;  the  Sheriff  of  the  county  of  Blue 
in  one  thousand  dollars ;  the  Sheriff  of  the  county  of  Cooper 
in  five  hundred  dollars. 

SEC.  3. — Be  it  further  enacted,  That  if  the  candidate  having 
the  greatest  number  of  votes  as  sheriff  of  any  county  in  this 
Nation,  shall  fail  or  refuse  to  take  the  oath  of  office,  and  give 
bond,  as  by  this  act  is  directed,  for  the  space  of '  ten  days 
after  he  shall  have  been  duly  elected,  and  notified  thereof 
oificiall}r,  such  election  is  hereby  declared  void,  and  it  shall 
be  the  duty  of  the  County  Judge  to  certify  the  fact  to  the 
Principal  Chief,  who  shall  thereupon  fill  such  vacancy  by  ap- 
pointment, as  the  Constitution  directs. 

SEC.  4. — Be  it  further  enacted,  That  in  case  the  securities, 
or  either  of  them,  of  any  sheriff,  shall  remove  his  or  their  re- 
sidence out  of  this  Nation  permanently,  or  shall  become  in- 


CHOCTAW  NATION.  299 

solvent,  it  shall  be  the  duty  of  the  County  Judge,  on  satis- 
factory proof  of  such  removal  or  insolvency,  to  notify  such 
sheriff  to  appear  before  him  at  a  day  and  place  therein 
named,  within  ten  days  thereafter  to  give  a  new  bond  with 
other  good  and  sufficient  security,  in  a  penalty  equal  to  that 
of  the  former  bond,  with  the  like  conditions  ;  and  if  such 
Sheriff  shall  fail  so  to  do,  the  said  County  Judge  shall  cer- 
tify the  fact  to  the  Principal  Chief,  who  shall  forthwith  va- 
cate the  commission  of  the  sheriff  so  refusing  or  neglecting, 
and  he  shall  fill  such  vacancy  by  appointment ;  and  if  any 
sheriff  shall  be  found,  by  inquest  according  to  law,  an  idiot, 
lunatic,  or  non  compos  mentis*  during  the  period  for  which  he 
is  elected,  or  appointed,  the  Principal  Chief  shall  fill  such 
vacancy  by  appointment. 

SEC.  5. — Be  it  further  enacted,  That  if  any  sheriff  elect  shall 
presume  to  execute  the  duties  of  sheriff  before  he  shall  have 
given  bond  and  taken  the  oath  of  office,  agreeable  to  the  di- 
rections of  this  act,  all  such  his  acts  and  proceedings  done 
under  colqr  of  office,  shall  be  absolutely  void,  and  he  shall 
for  such  offence  be  liable  to  be  indicted  for  a  misdemeanor, 
and  on  conviction  thereof,  before  any  court  of  competent 
jurisdiction,  fined  in  any  sum  not  exceeding  five  hundred 
dollars. 

SEC.  6. — Be  it  further  enacted,  That  the  sheriffs  of  the  seve- 
ral counties  in  this  Nation  shall  have  power  to  appoint  one 
or  more  deputies,  who  shall  have  full  power  to  do  and  per- 
form all  the  several  acts  and  duties  enjoined  upon  the  prin- 
cipals, and  every  such  appointment  shall  be  in  writing  under 
the  hand  and  seal  of  the  sheriff,  and  every  deputy  sheriff, 
before  he  enters  upon  the  duties  of  his  office,  shall  take  and 
subscribe  before  any  Judge  of  a  Court  of  Records,  an  oath 
faithfully  to  execute  the  office  of  deputy  sheriff,  according  to 
the  best  of  his  skill  and  judgment,  which  appointment,  with 
the  certificate  of  the  oath  thereupon,  endorsed  and  attested 
*  See  note  at  the  end  of  this  book. 


300  LAWS  OF  THE 

by  the  said  Judge,  shall  be  by  said  deputy  sheriff  carefully 
filed,  and  securely  kept  in  the  office  of  the  Clerk  of  the 
County  Court  in  and  for  the  same  county  ;  provided  that  no- 
thing in  this  section  shall  be  construed  to  prevent  the  sheriff 
from  removing  his  deputy  or  deputies  at  pleasure  ;  and  if 
any  person  shall  proceed  to  execute  the  office  of  deputy 
sheriff,  before  he  shall  have  received  an  appointment  as 
aforesaid,  and  taken  the  oath  of  office,  and  filed  the  said 
appointment  and  certificate  of  such  oath  in  the  clerk's  office 
as  aforesaid,  then  all  such  of  his  acts  and  proceedings  done 
under  color  of  office  shall  be  absolutely  void  ;  no  person 
who  may  be  deputized  by  any  sheriff  to  do  a  particular  act 
only,  shall  be  required  to  take  the  oath  directed  by  this  act 
to  be  taken  by  the  deputy  sheriff. 

SEC.  7. — Be  it  further  enacted,  That  every  sheriff  by  him- 
self or  deputy  shall,  from  time  to  time,  execute  all  writs  and 
other  process  to  him  legally  issued  and  directed  in  his  county, 
and  shall  make  due  return  thereof  to  the  proper  court  on  the 
day  to  which  the  same  is  returnable  ;  and  if  any  sheriff  shall 
fail  herein,  or  shall  make  a  false  return  on  any  such  writs  or 
other  process  issued  and  directed  to  him  as  aforesaid,  such 
sheriff  shall,  for  every  such  offence,  be  fined  by  the  courts 
into  which  such  writs  or  other  process  is  returnable,  in  any 
sum  not  exceeding  one  hundred  dollars,  on  motion,  reason- 
able notice  being  first  given  to  the  sheriff  of  such  motion,  one 
moiety  thereof  to  the  party  grieved,  and  the  other  moiety  to 
the  Nation  for  the  benefit  and  use  of  the  library  fund,  and 
such  sheriff  shall,  moreover,  be  liable  to  the  action  of  the 
party  injured  by  such  default,  for  all  damages  which  he,  she, 
or  they  may  have  sustained  thereby,  and  also  such  other 
fines,  penalties  and  forfeitures  as  may  be  provided  by  law 
against  sheriffs  for  failing  to  return  writs  or  other  process 
directed  to  them,  or  for  making  a  false  return  thereon 

SEC.  8. — Be  it   further  enacted,  That  the   sheriff  of    any 
county  shall  have  the  same  remedy  and  judgment  against  his 


CHOCTAW  NATION.  301 

deputy  failing  to  pay  the  money  by  him  received  on  any 
execution  or  other  process  to  the  sheriff  or  the  party  to 
whom  the  same  is  payable,  his  agent  or  attorney,  or  suffer- 
ing any  person  in  his  custody  to  escape,  or  the  party  for 
whose  benefit  such  writ  was  issued  may  have  against  the 
sheriff  or  his  deputy,  or  the  securities  of  such  sheriff. 

SEC.  9. — Be  it  further  enacted,  That  in  order  to  prevent  dis- 
putes between  sheriffs  and  their  several  deputies,  which  of 
them  may  have  acted  in  serving  executions  or  other  process, 
that  when  any  deputy  sheriff  hath  served  any  writs,  execu- 
tions, attachments  or  other  process  whatever,  he  shall  in- 
dorse on  such  writs  or  other  process  the  day  of  the  month 
and  year  he  or  they  shall  have  served  the  same,  and  sub- 
scribe his  name  as  well  as  that  of  his  principals  to  the  re- 
turn of  such  writs  or  other  process ;  and  every  deputy 
sheriff  failing  herein  shall  be  liable  to  the  same  penalty  as 
is  by  this  act  inflicted  on  the  sheriff  for  a  false  return, 
and  to  be  recovered  and  appropriated  in  the  same 
manner. 

SEC.  10. — Be  it  further  enacted,  That  when  any  fine,  penalty, 
or  judgment  which  may  be  assessed  or  rendered  against  any 
sheriff,  his  heirs,  executors  or  administrators,  for  or  on  ac- 
count of  any  default  or  misconduct  of  any  deputy  of  such 
sheriff,  it  shall  and  may  be  lawful  for  the  court  in  which  such 
fine,  penalty  or  judgment  may  be  assessed  or  rendered  upon 
motion  to  them  made  by  such  sheriff,  his  heirs,  executors  or 
administrators,  to  give  judgment  against  such  deputy  and  his 
securities,  their  heirs,  executors  or  administrators,  jointly  and 
severally,  for  the  full  amount  of  all  such  fines,  penalties  or 
judgments,  and  to  award  execution  for  the  same  ;  provided, 
such  deputy  and  his  securities  and  their  legal  representa- 
tives have  ten  days'  notice  of  such  motion. 

SEC.  11. — Be  it  further  enacted,  That  every  sheriff  who  shall 
have  levied  any  writ  of  execution  or  other  process  on  goods 
and  chattels  which  shall  remain  in  his  hands  and  possession 


302  LAWS   OF  THE 

unsold  at  the  expiration  of  his  term  of  service,  shall  be  and 
is  hereby  required  to  deliver  over  such  goods  and  chattels  so 
levied  upon  and  remaining  unsold  to  his  successor  in  office, 
taking  his  receipt  for  the  same  ;  and  it  shall  be  the  duty  of 
the  sheriff  to  whom  such  goods  and  chattels  are  delivered  as 
aforesaid,  to  proceed  to  sell  the  same,  after  giving  thirty 
days'  notice  at  three  public  places,  one  of  which  shall  be  at 
the  court-house  or  ground,  in  like  manner  as  his  predecessor 
ought  to  have  done  had  he  continued  in  office ;  and  to  ac- 
count for  and  pay  the  proceeds  of  such  sale  to  the  party  or 
parties  entitled  thereto  by  law ;  and  if  any  sheriff  shall  fail 
or  refuse  to  deliver  over  to  his  successor  in  office  any  goods 
and  chattels  so  levied  on  and  remaining  in  his  hands  as 
aforesaid,  on  demand  thereof  made,  it  shall  be  lawful  for  the 
party  for  whose  benefit  such  writs  of  execution  or  other  pro- 
cess issued,  to  move  the  court  from  which  the  writs  or  pro- 
cess issued  against  the  sheriff  so  failing  or  refusing,  and  his 
securities  and  their  legal  representatives  upon  which  motion 
judgment  shall  be  entered  up  for  the  amount  of  the  execution 
or  other  process  which  came  to  the  hand  of  such  defaulting 
sheriff,  with  interest  at  the  rate  of  fifteen  per  centum  per 
annum  from  the  return  day  of  such  execution  or  other  pro- 
cess and  the  costs  of  such  motion ;  provided,  that  such 
sheriff  shall  have  ten  days'  notice  of  such  motion. 

SEC.  12. — Be  it  further  enacted,  That  every  sheriff  shall,  at 
the  expiration  of  his  office,  deliver  all  writs  in  his  possession 
unexecuted  to  his  successor  in  office,  who  shall  give  a  re- 
ceipt for  the  same,  and  shall  execute  and  return  all  such 
writs  ;  and  shall  also  deliver  to  his  successor  a  certified  list 
of  the  names  of  all  persons  confined  in  the  jail  of  his  county, 
when  there  shall  be  one  jail  in  each  county,  otherwise  in  the 
jail  of  the  judicial  circuit  in  which  his  county  was  situated, 
and  the  cause  of  commitment,  a  copy  of  which  list  shall  be 
filed  in  the  clerk's  office  of  the  county  court  by  the  sheriff 
receiving  the  same  ;  provided,  however,  until  jails  are  erected 


CHOCTAW   NATION.  303 

in  each  county  of  this  Nation,  it  shall  be  lawful  for  any 
sheriff  of  this  Nation  to  receive  into  their  custody  all  persons 
committed  to  their  care  as  aforesaid. 

SEC.  13. — Beit  farther  enacted,  That  it  shall  be  the  duty  of 
every  sheriff  to  keep  the  peace  within  his  county,  by  causing 
all  offenders  against  the  law  in  his  view  to  enter  into  bond 
with  securities  for  keeping  the  peace  and  appearing  at  the 
next  term  of  the  Circuit  Court  to  be  holden  in  the  county  of 
which  he  is  sheriff,  to  answer  the  charge  alleged  against 
them ;  it  shall  be  his  duty  to  suppress  all  unlawful  assem- 
blies, for  which  end  he  is  hereby  empowered  to  call  to  his  aid 
the  power  of  the  county ;  he  shall  pursue,  take  and  commit 
to  jail  all  persons  charged  with  treason,  felony,  and  all  other 
crimes  ;  and  he  is  authorized  to  take  good  bond  from  the 
parties  arrested  for  their  appearance  at  the  next  term  of  the 
Circuit  Court,  except  in  cases  of  murder,  which  shall  only  be 
bailable  by  the  Judge  of  the  County  Court  or  Circuit  Court; 
he  shall  duly  attend  upon  all  the  courts  of  records  at  their 
respective  terms  in  his  county,  and  for  such  services  shall  re- 
ceive, in  addition  to  the  fees  of  office,  the  sum  of  twenty-five 
dollars,  to  be  paid  out  of  the  county  treasury  of  his  county 
upon  the  certificate  of  the  circuit  clerk,  and  seventy-five  dol- 
lars out  of  the  National  Treasury  ;  upon  the  certificate  of  the 
Circuit  Judge,  the  National  Auditor  shall  issue  his  wrarrant 
on  the  National  Treasurer  for  the  same,  payable  quarterly. 

SEC.  14.-  -Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  sheriffs  of  the  several  counties  of  this  Nation  to  execute 
all  orders  or  requisitions  of  the  Principal  Chief  or  United 
States  Agent  for  this  Nation,  whether  verbal  or  written,  for 
the  arrest  and  safe  keeping  of  any  and  all  persons  and  pro- 
perty charged  with  a  violation  of  laws  of  the  United  States, 
and  the  safe  guarding  and  transmission  of  such  person  or 
persons  or  property  either  beyond  the  limits  of  the  Nation, 
or  taking  him,  her,  or  them  before  said  agent,  at  such  time 


304  LAWS   OF   THE 

and  place  as  may  be  by  said  agent,  or  the  Principal  Chief  of 
the  Nation  directed  as  aforesaid. 

SEC.  15. — Be  it  further  enacted,  That  it  shall  be  the  duty 
of  every  sheriff,  without  warrant,  to  seize,  spill,  and  search 
for  all  kinds  of  vinous  or  intoxicating  liquors,  and  to  destroy 
all  barrels,  kegs,  jugs  and  whatever  character  of  vessels  may 
contain  such  liquors,  and  to  arrest  and  take  before  some 
Judge  all  persons  introducing,  buying,  selling,  bartering,  or 
giving  away  the  same,  to  be  dealt  with  as  the  law  directs. 

SEC.  16. — Be  it  further  enacted,  That  when  any  sheriff  or 
deputy  finds  that  resistance  is  going  to  be  made  to  the  exe- 
cution of  any  writ  or  process  directed  to  him,  or  any  duty 
that  he  is  officially  authorized  to  perform,  he  shall  take  the 
power  of  the  county  with  him  and  execute  the  same,  and  re- 
port the  person  or  persons  resisting  to  the  next  term  of  the 
Circuit  Court  of  the  county  to  which  the  resistance  is  made, 
to  be  proceeded  against  as  the  law  directs. 

SEC.  17. — Be  it  further  enacted,  That  all  warrants,  mitti- 
musses,  writs,  process,  or  precepts  of  any  and  all  kinds,  by 
which  any  person  is  arrested  or  committed  to  jail,  shall  be 
filed  away  and  safely  kept  by  the  sheriff,  and  shall  be  turned 
over  to  his  successor  in  office  as  other  papers  are  directed  to 
be  turned  over. 

SEC.  18. — Be  it  further  enacted,  That  the  sheriffs  of  the 
several  counties  in  this  Nation  shall  keep  their  offices  at  the 
place  of  holding  the  courts  of  their  respective  counties  ;  but 
in  case  where  no  office  has  been  provided,  they  may  keep 
their  offices  at  such  places  as  the  County  Judges  shall 
direct. 

SEC.  19. — Be  it  further  enacted,  That  the  sheriffs  are  by 
virtue  of  their  office,  jailors  of  their  several  counties,  and 
shall  receive  all  persons  legally  committed  to  their  care,  and 
keep  them  safely  until  discharged  by  due  course  of  law  ; 
Provided,  that  this  section  shall  apply  alone  to  those  sheriffs 


CHOCTAW   NATION.  305 

in  each  judicial  circuit  in  whose  counties  there  is  now  a  jail 
until  there  be  one  erected  in  each  of  the  other  counties. 

SEC.  20. — Be  it  further  enacted,  That  when  any  prisoner  in 
jail  shall  not  be  able  to  support  himself,  the  jailor  shall  be 
allowed  fifty  cents  per  day  for  the  maintenance  of  every  such 
prisoner,  to  be  paid  out  of  the  county  funds  upon  affidavit  of 
the  sheriff ;  and  in  case  any  prisoner  in  jail  shall  be  sick,  and 
the  jailor  shall  be  of  the  opinion  that  medical  attendance  is 
necessary,  he  shall  call  some  physician  to  attend  such  pris- 
oner, and  in  case  he  be  unable  to  pay  the  physician  so  called, 
the  District  Attorney  shall  examine  and  allow  the  account  to 
be  paid  out  of  the  National  Treasury ;  provided,  the  prisoner 
be  held  in  jail  to  answer  the  Nation  in  a  charge  against  him, 
otherwise  the  account  shall  be  paid  out  of  the  county  funds. 

SEC.  21. — Be  it  further  enacted,  That  any  person  convicted 
of  any  crime  or  misdemeanor  whatever  in  this  Nation,  who 
may  take  an  appeal  or  writ  of  error  to  the  Supreme  Court, 
shall  remain  in  the  jail  of  the  county  or  circuit,  as  the  case 
may  be,  -wherein  he  was  convicted,  and  shall  not  be  removed 
to  the  place  where  the  Supreme  Court  may  be  in  session  as 
formerly. 

SEC.  22. — Be  it  further  enacted,  That  the  sheriffs  shall  re- 
ceive two  dollars  per  day  for  their  attendance  on  the  Circuit 
Court,  upon  the  certificate  of  the  Judge,  which  certificate 
shall  be  recorded  and  placed  in  the  hands  of  the  National 
Auditor,  who  shall  thereupon  issue  a  warrant  upon  the  Na- 
tional Treasurer  for  the  amount. 

SEC.  23.— Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  in  any  manner  coming  in  conflict  with 
the  provisions  of  this  act  be,  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  October  26th,  1860. 


306  LAWS   OF  THE 

AN  ACT  entitled  an  act  defining  -the  duties  of  the  office  of 
District  Attorney,  and  fixing  the  salary,  etc.,  thereof. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  qualified  electors  of  this  Nation, 
residing  within  each  judicial  circuit  of  the  Nation,  shall  elect 
a  District  Attorney  for  each  judicial  circuit,  which  District 
Attorney  so  elected  shall  continue  in  office  during  the  term  of 
two  years ;  and  said  District  Attorneys  shall  before  they 
•enter  upon  the  duties  of  their  office  severally  take  and  sub* 
scribe  the  oath  prescribed  in  the  Constitution,  wrhich  oath 
; shall  be  administered  by  the  Principal  Chief,  or  any  of  the 
several  judges,  and  certified  on  their  commissions,  and  shall 
: reside  within  their  respective  circuits ;  and  it  shall  be  the 
•duty  of  said  District  Attorneys  to  appear  and  prosecute  for 
the  Nation  in  all  cases  in  their  respective  circuits  in  all  criminal 
prosecutions  and  in  all  civil  cases  where  the  Nation  or  any 
•county  in  their  respective  circuits  may  be  a  party  interested  ; 
and  all  accounts  of  a  public  nature  before  they  are  allowed 
by  any  of  the  circuit  courts  shall  be  presented  to  the  District 
Attorney  of  the  proper  circuit  for  his  approval  in  writing ; 
and  it  shall  be  the  duty  of  the  District  Attorney  to  give  his 
opinion  in  writing  to  the  County  Treasurer  in  all  cases  con- 
cerning the  revenue  and  expenses  of  any  county  in  their  re- 
spective circuits  whenever  required;  and  shall  when  there- 
unto required  by  any  treasurer  of  any  county  in  his  circuit 
institute  and  prosecute  to  effect  before  the  proper  court,  all 
persons  indebted  to  the  Nation,  or  any  county  within  the 
same,  in  the  manner  that  may  be  prescribed  by  law. 

SEC.  2. — Be  it  further  enacted,  That  if  any  District  Attorney 
through  neglect  fail  to  attend  any  term  of  the  circuit  court 
of  their  respective  circuits,  the  circuit  court  in  which  such 
failure  is  made  is  hereby  authorized  and  required  to  employ 
some  attorney  to  act  for  the  Nation  in  the  place  of  such  dis- 
trict attorney  so  failing  to  attend,  and  the  attorney  so  em- 


CHOCTAW   NATION.  307 

ployed  shall  for  his  services  be  paid  by  the  District  Attorney 
so  failing  to  attend  such  sum  as  shall  be  allowed  by  said 
circuit  court,  not  in  any  one  case,  and  for  one  failure  to  ex- 
ceed twenty-five  dollars ;  provided,  said  District  Attorney  so 
failing  shall  have  been  prevented  to  attend  by  sickness  or 
high  water,  which  are  satisfactory  to  the  circuit  court,  then 
such  attorney  pro  tern,  be  allowed  twenty-five  dollars  out  of 
the  National  Treasury,  upon  the  certificate  of  such  Circuit 
Judge  to  the  National  Auditor,  who  is  hereby  required  to 
issue  his  warrant  therefor. 

SEC.  3. — Be  it  further  enacted,  That  in  all  cases  of  conviction 
of  felonies,  the  District  Attorney  shall  be  allowed  a  fee  of 
ten  dollars,  and  in  all  cases  of  conviction  for  misdemeanor  a 
tax  fee  of  five  dollars  shall  be  allowed  said  District  Attorney, 
which  shall  be  taxed  in  the  bill  of  costs  collected,  and  paid 
over  to  the  District  Attorney  entitled  to  the  same. 

SEC.  4. — Be  it  further  enacted,  That  if  any  District  Attorney 
in  this  Nation  shall  in  any  manner  consult,  counsel,  advise, 
or  defend  a  person  within  this  Nation  charged  with  any  crime, 
misdemeanor,  or  breach  of  any  penal  statute,  the  District 
Attorney  so  offending  shall,  on  conviction  thereof  in  any 
court  of  competent  jurisdiction,  be  fined  in  a  sum  not  exceed- 
ing two  hundred  dollars,  and  shall  be  removed  from  office, 
and  be  rendered  incapable  thereafter  of  filling  any  office  of 
profit  or  honor  in  this  Nation. 

SEC.  5. — Be  it  further  enacted,  That  in  addition  to  the  fees 
allowed  the  District  Attorneys  by  this  act,  they  shall  each  be 
entitled  to  receive,  as  a  compensation  for  their  services,  out 
of  the  National  Treasury,  viz. :  District  Attorneys  of  Mos- 
holatubbee  and  Pushamatahu  Districts  each  receive  the  sum 
of  one  hundred  and  seventy-five  dollars,  and  the  District  At- 
torney of  Apukshunnubbee  District  the  sum  of  two  hundred 
dollars,  to  be  paid  quartqr-y  early  upon  presentation  of  the 
account  therefor,  when  the  National  Auditor  shall  issue  his 
warrant  for  the  same  upon  the  National  Treasury. 


308  LAWS   OF  THE 

SEC.  6. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  anywise  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  October  19th,  1860. 


AN  ACT  entitled  an  act  defining  the  duties  of  Eanger  in  the 
several  Counties  of  this  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation,  that  the  qualified  electors  in  each  county  in  this 
Nation,  at  the  time  and  places  of  holding  the  general  elec- 
tions, shall  elect  a  Eanger  for  their  respective  counties, 
who  shall  be  commissioned  by  the  Principal  Chief,  and  shall 
hold  his  office  for  the  term  of  two  years,  unless  sooner  re- 
moved ;  and  before  he  enters  upon  the  duties  of  his  office, 
he  shall  take  and  subscribe  the  oath  required  by  the  Consti- 
tution, before  any  Judge  of  a  Court  of  Record,  which  shall 
be  certified  on  the  back  of  his  commission,  by  the  Judge  ad- 
ministering the  oath,  and  shall  give  bond  with  good  security, 
to  be  approved  by  the  County  Judge,  in  the  penalty  of  five 
hundred  dollars  payable  to  said  County  Judge,  and  his  suc- 
cessors in  office,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office,  which  bond,  with  the  approbation 
therein  named,  endorsed  thereon,  shall,  together  with  the  en- 
dorsement, be  recorded  in  the  office  of  the  clerk  of  the  Coun- 
ty Court  of  the  county  for  which  said  Eanger  is  elected,  and 
shall  not  be  void  on  the  first  recovery,  but  may  be  put  in  suit 
and  prosecuted  by  any  party  injured  until  the  whole  penalty 
thereof  be  recovered. 

SEC.  2. — Be  it  further  enacted,  That  the  Eanger  of  every 
county  shall  keep  a  book  in  which  he  shall  register  all  the 
certificates  of  strays  delivered  to  him  by  the  taker-up  of 


CHOCTAW  NATION.  309 

strays,  or  transmitted  to  him  by  any  County  Judge  of  the 
county,  and  shall  file  the  same  in  regular  order ;  it  shall  be 
his  duty  to  cause  a  copy  of  the  certificates  of  every  appoint- 
ment to  be  posted  in  the  public  places  in  his  county  ;  he  shall 
also  make  out  a  fair  and  correct  list  of  all  strays,  and  post 
the  same  at  the  place  of  the  holding  of  the  County  Court  of 
his  county,  on  the  first  day  of  each  meeting  of  said  Court, 
omitting  such  strays  as  are  proven  away,  sold,  or  escaped,  or 
dead,  under  a  penalty  of  ten  dollars,  for  every  such  neglect 
or  omission. 

SEC.  3. — Be  it  further  enacted,  That  the  Banger  of  each 
county  shall  receive,  as  fees  of  office,  for  every  horse  or  mule 
sold,  one  dollar  and  fifty  cents ;  for  every  cow,  oxen,  or  other 
head  of  cattle  sold,  fifty  cents ;  for  every  sheep,  hog,  or  goat 
sold,  twelve  and  a  half  cents ;  for  every  certificate  posted  up, 
fifty  cents,  to  be  paid  out  of  the  proceeds  of  sale. 

SEC.  4. — Be  it  further  enacted,  That  when  any  stray  shall 
have  been  found  dead,  or  shall  have  escaped,  the  taker-up 
shall,  without  delay,  report  thereof  to  the  Banger,  on  oath, 
who  shall  make  a  memorandum  of  the  same,  on  the  margin 
of  his  book,  where  the  certificate  of  such  stray  was  regis- 
tered. 

SEC.  5. — Be  it  further  enacted,  That  when  any  stray  shall 
be  proven  away,  the  owner  thereof  shall  pay  to  the  taker-up 
and  the  Banger  one  dollar  and  fifty  cents  each,  for  every 
horse,  mule,  or  pony  ;  fifty  cents  for  every  cow,  oxen,  or  other 
head  of  cattle ;  and  twelve  and  a  half  cents  for  every  sheep, 
hog,  and  goat. 

SEC.  6. — Be  it  further  enacted,  That  after  the  expiration  of 
twelve  months  from  the  date  of  certificate  of  strays,  as  afore- 
said, and  if  no  owner  appear  and  prove  his  or  her  property, 
the  stray  or  strays  so  taken  up  and  appraised,  as  aforesaid, 
shall  be  exposed  to  public  sale  for  cash  or  county  paper,  by 
the  Banger,  who  shall  give  public  notice  of  such  sale,  at  least 
twenty  days'  previous  thereto,  by  advertisement  thereof,  in 


310  LAWS  OF  THE 

writing,  at  the  place  where  the  courts  are  usually  held,  and 
at  two  other  public  places  in  the  county,  and  he  shall  describe 
the  stray  or  strays,  intended  to  be  sold,  in  the  advertisement, 
and,  from  the  proceeds  of  such  sale,  the  Ranger  is  hereby 
directed  to  pay  to  the  taker-up  one  half  the  sum  thereof,  and 
the  other  half  to  the  county  treasurer  for  county  purposes  ; 
provided,  that  such  taker-up  shall  pay  to  the  Hanger  one  dol- 
lar and  fifty  cents,  and  all  other  expenses  that  may  be  pre- 
scribed by  law. 

SEC.  7. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Eanger,  as  soon  as  money  shall  be  made  by  the  sale  of 
the  stray  or  strays,  to  pay  over  the  net  proceeds  thereof  to 
the  county  treasurer,  to  be  appropriated  to  county  purposes, 
deducting  five  per  centum  commission  for  his  services ;  and 
in  case  of  default  of  the  Eanger,  his  bond  shall  be  put  in  suit 
by  the  County  Judge,  for  the  time  being,  for  such  delin- 
quency ;  and  it  shall  be  lawful  for  any  person  claiming  the 
proceeds  of  the  sale  of  such  stray  or  strays,  within  twelve 
months  thereafter,  to  make  claim  to  the  same  before  the 
County  Judge  of  the  county,  and  an  order  shall  issue  for 
the  net  proceeds  thereof,  on  the  county  treasurer,  on  proof  of 
title  to  the  same. 

SEC.  8. — Be  it  further  enacted,  That  the  sale  days  of  the 
Rangers  shall  be  quarter-annually  in  each  county,  two  of 
which  days  shall  be  on  the  first  day  of  each  regular  term  of 
the  Circuit  Court,-  and  he  shall  report  to  the  Judge  of  the 
County  Court,  of  their  respective  counties,  quarter-yearly, 
the  amount  of  moneys  received  by  them,  on  account  of  the 
sale  of  strays. 

SEC.  9. — Be  it  further  enacted,  That  all  strays,  horses,  mares, 
mules,  jacks,  jennets,  ponies  and  colts,  and  cattle,  shall  be 
brought  to  the  place  where  the  Circuit  Court  sits  in  each 
county,  where  said  strays  have  been  taken  up  on  the  day  of 
sale,  and  there  publicly  exposed  from  ten  till  three  o'clock  of 
said  day,  and  that  all  stray  sales  shall  take  place  in  each 


CHOCTAW  NATION.  311 

county   at  the    same    place   where    the   Oircuit    Court    is 
held. 

SEC.  10. — Be  it  further  enacted,  That  all  acts  and  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  October  31st,  1860. 


AN  ACT  entitled  an  act  creating  a  corps  of  light-horse  men, 
defining  their  duties  and  fixing  their  pay. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc-taw 
Nation  assembled,  That  there  shall  be  a  corps  of  six  National 
Light-Horse  Men  in  this  Nation,  who  shall  receive  their  ap- 
pointment by  commission  from  the  Principal  Chief,  and  shall 
take  the  oath  prescribed  in  the  Constitution,  to  be  adminis- 
tered by  the  Principal  Chief-  or  any  judges  of  the  Nation  and 
subscribed  on  the  back  of  their  commissions,  and  who  shall 
serve  for  the  term  of  two  years,  unless  sooner  removed  by 
the  Principal  Chief. 

SEC.  2. — Be  it  further  enacted,  That  the  Principal  Chief 
shall  commission  one  of  said  light-horse  men  so  appointed 
captain  thereof,  and  it  shall  be  the  duty  of  said  captain  to 
preserve  order  and  discipline  among  the  rest,  and  to  see  that 
each  one  of  them  is  properly  armed,  equipped  and  mounted 
for  immediate  service,  and  to  report  to  the  Principal  Chief 
any  improper  conduct  or  failure  to  discharge  the  duties  re- 
quired of  any  or  all  of  them. 

SEC.  3. — Be  it  further  enacted,  That  said  light-horse  men 
shall  be  under  the  exclusive  direction  and  control  of  the 
Principal  Chief  of  this  Nation ;  they  shall  be  messengers  of 
the  Principal  Chief  upon  any  matter  of  national  concern ; 
they  shall  keep  the  peace  of  the  Nation ;  they  shall  faithfully 


312  LAWS  OF  THE  • 

aid  in  the  execution  of  the  criminal  laws  of  this  Nation  ;  they 
shall  suppress,  if  necessary,  with  the  aid  of  County  light- 
horse  men,  and  of  other  .citizens,  whom  they  are  hereby  im- 
powered  specially  to  summon  for  the  purpose,  all  riots,  routs 
and  unlawful  assemblies,  and  report  the  same,with  all  other  vio- 
lations of  the  penal  laws,  to  some  judge  or  other  proper  officer. 

SEC.  4. — Be  it  further  enacted,  That  the  District  light- 
horse  men  appointed  in  each  county  of  this  Nation  shall  be 
empowered  and  are  hereby  directed  to  search  for,  seize  and 
spill  all  vinous,  spirituous,  or  intoxicating  liquors,  found  any- 
where and  in  the  possession  of  any  one  in  this  Nation,  and 
to  break  and  destroy  all  bottles,  barrels,  jugs,  or  other  vessels 
of  any  kind  whatever  containing  the  same,  and  report  all 
persons  having  the  same  in  possession,  as  by  this  act  directed 
in  other  offences. 

SEC.  5. — Be  it  further  enacted,  That  the  Principal  Chief 
shall  keep  the  light-horse  men,  or  such  number  as  he  may 
deem  proper,  at  the  place  of  holding  the  General  Council 
during  the  session  thereof,  and  shall  specially  direct  them  to 
keep  order  and  quiet  at  such  time  and  place ;  to  see  that  no 
intoxicating  liquors  are  brought  within  two  miles  in  any 
direction  of  such  place  at  said  time,  and,  if  necessary, 
the  captain  or  any  one  of  said  light-horse  men  shall  summon 
any  number  of  citizens  deemed  requisite,  over  eighteen  and 
under  sixty  years  of  age,  to  aid  and  assist  in  keeping  order, 
spilling  liquor  and  arresting  the  offenders,  and  taking  them 
before  a  county  judge,  which  judge  is  hereby  empowered  and 
directed  to  bind  such  person,  or  persons,  so  offending,  over 
to  the  next  circuit*  court  thereafter  in  a  bond  not  exceeding 
in  penalty  two  thousand  dollars,  to  appear  and  answer  such 
charges  as  may  be  preferred  against  him  or  them. 

SEC.  6. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons offending,  as  hereinbefore  stated,  shall  offer  or 
threaten  any  forcible  resistance  with  deadly  weapons  to  the 
captain,  or  any  of  the  light-horse  men,  or  other  person  or 
persons  summoned,  as  this  act  specifies,  in  the  discharge  of 


CHOCTAW  NATION.  313 

any  of  the  duties  hereinbefore  set  forth,  it  shall  be  the  duty 
of  the  captain,  or  any  of  the  light-horse  men,  and  others  sum- 
moned by  them  to  shoot  down  any  and  all  persons  so  threaten- 
ing or  assisting  with  deadly  weapons. 

SEC.  7. — Be  it  further  enacted,  That  the  Principal  Chief  is 
hereby  authorized  and  directed  to  order  the  light-horse  men, 
or  any  number  of  them  that  may  be  required,  to  attend  the 
•United  States  Indian  Agent  for  this  Nation  whenever  he  may 
call  for  them,  and  the  light-horse  men  are  hereby  directed 
strictly  to  obey  all  orders  he  may  give  them  in  the  execution 
of  the  laws  of  the  United  States. 

SEC.  8. — Be  it  further  enacted,  That  the  captain  of  the 
light-horse  men  shall  be  entitled  to  receive,  as  a  compensa- 
tion for  his  services,  the  sum  of  two  hundred  dollars  a  year, 
and  the  light-horse  men  shall  receive  for  their  services  the 
sum  of  one  hundred  and  fifty  dollars  a  year  each,  to  be  paid 
quarter-yearly  on  the  Principal  Chief's  order  to  the  National 
Auditor,  who  is  directed  to  issue  his  warrant  on  the  National 
Treasury  for  the  same. 

SEC.  9. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  29th,  1860. 


AN  ACT  providing  for  holding  elections  in  this  Nation,  and 
for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  in  all  elections  by  the  people  the 
mode  of  voting  shall  be  by  ballot,  and  in  the  following  man- 
ner, to  wit :  Every  voter  shall  write  out  the  name  of  such 
candidate  as  he  may  think  proper  to  vote  for,  and  present 
the  same  to  the  judges  of  the  election,  who,  being  satisfied 
with  the  qualification  of  such  voter,  shall  number  the  ticket 
which  shall  correspond  with  the- number  of  such  voter  named 


314  LAWS  OF  THE 

on  the  margin  of  the  poll  book,  and  the  judges  shall  deposit 
the  ticket  in  the  ballot  box. 

SEC.  2. — Be  it  further  enacted,  That  the  clerks  of  the  elec- 
tion shall  write  the  name  of  each  and  every  voter  voting  on 
the  poll  book,  numbering  the  same  on  the  margin  from 
one  to  the  whole  number  of  votes  polled  at  such  election, 
thus : 


No. 


NAMES  OF  VOTERS. 


SEC.  3. — Be  it  further  enacted,  That  the  several  County 
Judges  of  the  Nation  shall,  at  the  term  of  their  respective 
courts,  one  month  immediately  preceding  each  general  elec- 
tion, appoint  three  discreet  persons  for  each  precinct  in 
their  respective  counties  having  the  qualifications  of  electors, 
to  act  as  judges  of  election  in  their  respective  beats ;  and  the 
judges  so  appointed  shall  select  two  persons  having  the  like 
qualifications  to  act  as  clerks  thereof. 

SEC.  4. — Be  it  further  enacted,  That  if  the  court  shall  fail 
to  appoint  election  judges  and  clerks,  or  those  appointed 
shall  fail  to  act,  it  shah1  be  the  duty  of  the  voters,  when 
assembled,  to  appoint  suitable  persons  to  fill  such 
vacancies. 

SEC.  5. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  several  sheriffs  of  the  counties  of  this  Nation,  at  least 
one  month  before  each  election,  to  give  public  proclamation 
throughout  the  county  of  the  time  and  places  of  holding 
such  election  in  his  county,  and  the  officers  to  be  elected  at 
that  time. 

SEC.  6. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  sheriff  and  deputy  sheriff  to  make  out  copies  of  such 
proclamation,  and  to  post  up  the  same  at  each  precinct,  and 
at  two  or  more  public  places  in  their  county. 

SEC.  7.  — Be  it  further  enacted,  That  the  judges  and  clerks 
of  election  shall  severally  take  and  subscribe  before  some 
Judge  of  a  Court  of  Eecord  the  following  oath,  to  wit :  '•"-! 


CHOCTAW  NATION.  315 

do  solemnly  swear  that  I  will  perform  the  duties  of  Judge  of 
the  present  election,  according  to  law  and  the  best  of  my 
abilities,  and  that  I  will  studiously  endeavor  to  prevent  fraud 
and  deceit  in  conducting  the  same."  And  the  clerks  of  elec- 
tion shall  take  the  following  oath,  viz  :  "  I  do  solemnly  swear 
that  I  will  faithfully  record  the  names  of  all  voters  voting  at 
the  present  election,  and  carry  out  in  lines  and  columns  all 
the  votes  polled,  <tc." 

SEC.  8. — Be  it  further  enacted,  That  in  case  there  be  no 
person  present  at  the  opening  of  any  election  authorized  by 
law  to  administer  the  oath  of  office,  it  shall  be  lawful  for  the 
judges  of  the  election  appointed  to  administer  the  oath  to 
each  other,  and  then  to  the  clerks,  and  such  judges  shall  be 
vested  with  full  power  to  administer  all  oaths  that  may  be 
necessary  in  conducting  any  election. 

SEC.  9. — Be  it  further  enacted,  That  it  shall,  be  the  duty  of 
the  Judges  of  the  County  Courts,  at  least  twenty  days  pre- 
vious to  any  election,  to  make  or  cause  to  be  made  out  four 
blank  poll  books,  two  for  district  and  county  officers,  and 
two  for  Principal  Chief,  and  to  provide  for  each  precinct  ink, 
pens,  paper  and  wafers,  sufficient  for  the  purposes  thereof, 
the  same  to  be  paid  out  of  the  County  Treasury  upon  the 
certificate  of  the  Judge  so  providing  the  same,  &c.,  and  shall 
deliver  the  said  books  so  made  out  to  the  sheriff  or  his  de- 
puty, to  be  used  at  their  respective  precincts,  &c. 

SEC.  10. — Be  it  further  enacted,  That  the  judges  of  each 
election  shall  open  the  polls  in  the  morning  at  eight  o'clock 
A.  M.,  and  shall  close  the  same  at  sunset  on  the  same  day, 
and  that  the  judges  of  election  shall  order  the  sheriff  or  his 
deputy  or  light-horse  to  take  and  confine  any  person  for  mis- 
behaviour or  contempt  of  such  judges  holding  any  election, 
and  may  impose  a  fine  upon  such  offender  not  to  exceed  ten 
dollars. 

SEC.  11.— Be  it  further  enacted,  That  whenever  any  person 
offers  to  vote,  and  the  judges  have  any  doubts  as  to  his  qua- 


316  LAWS  OF  THE 

lifications,  they  are  hereby  authorized  to  -examine  the  party 
under  oath  to  satisfy  themselves  as  to  his  qualifications,  and 
may  call  upon  any  other  parties  to  answer  questions  as  re- 
gards such  person's  qualifications. 

SEC.  12. — Be  it  further  enacted,  That  any  person  or  per- 
sons, not  being  qualified  voters  according  to  the  constitution 
and  laws  of  this  Nation,  and  shall  willfully  and  knowingly 
vote  in  any  election,  shall  forfeit  and  pay  in  the  sum  of 
twenty -five  dollars,  to  be  recovered  before  any  county  judge, 
one-half  for  the  use  of  the  county,  and  the  other  half  for  the 
use  of  the  person  suing  for  the  same,  and  any  person  or  per- 
sons voting  more  than  once  in  any  one  election  held  in  this 
Nation,  shall  forfeit- and  pay  the  sum  of  fifty  dollars,  to  be 
recovered  before  any  county  judge,  one-half  for  the  use  of 
the  county,  and  the  other  half  for  the  use  of  the  person  suing 
for  the  same. 

SEC.  13. — Be  it  further  enacted,  That  if  any  judge  or  clerk 
of  any  election,  or  any  other  officer  concerned  in  conducting 
any  election  shall  neglect,  improperly  delay,  or  refuse  to  per- 
form any  of  the  duties  required  by  law,  having  undertaken 
to  do  so,  or  shall  knowingly  permit  any  person  to  vote,  not 
qualified  according  to  the  constitution  and  laws,  or  not  seal- 
iig  their  poll  book,  or  shall  unduly  attempt  to  influence 
the  election,  or  shall  knowingly  do  any  other  improper  act, 
during  his  term  of  office,  in  any  manner  interfering  in  the 
election,  shall  forfeit  the  sum  of  fifty  dollars,  to  be  re- 
covered before  any  county  judge,  one-half  for  the  use  of  the 
county,  the  other  half  for  the  use  of  the  person  suing  for 
the  same. 

SEC.  14. — Be  it  further  enacted,  That  at  the  close  of  every 
election  the  judges  of  the  election  shall  certify  under  their 
hands  and  seals  the  number  of  votes  given  to  each  person, 
and  the  office  for  which  such  votes  were  given,  and  it  shall 
also  be  attested  by  the  clerks  of  the  election. 

SEC.  15. — Be  it  further  enacted,  That  after  closing  the  polls 


CHOCTAW  NATION.  317 

and  making  the  certificate  required  by  law,  the  judges  of  the 
election  shall  fold  up  one  of  the  poll-books  enclosing  the 
certificate  required  by  law,  and  shall  seal  and  endorse  the 
same,  and  direct  to  the  Supreme  Judge  of  the  District ;  and 
the  package  so  endorsed  and  directed  shall  be  carried  by  the 
sheriff  or  his  deputy  to  the  Supreme  Judge  of  the  District 
within  five  days  after  the  closing  of  the  polls,  and  the  other 
poll-books  shall  be  returned  by  the  election  judges  to  the 
clerk  of  the  County  Court  for  the  inspection  of  all  persons  in- 
terested. 

SEC.  16. — Be  it  further  enacted,  That  on  tne  tenth  day 
after  the  close  of  such  election,  or  sooner,  if  all  the  returns 
have  been  received,  the  Supreme  Judge  shall  call  to  his  as- 
sistance three  or  more  County  Judges  of  his  district,  or  other 
competent  persons,  and  shall  proceed  to  open  poll-books  for 
district  and  county  officers,  and  compare  the  several  election 
returns  which  may  have  been  forwarded  to  such  Supreme 
Judge,  and  make  abstracts  of  the  votes  given  for  the  several 
candidates  for  such  office  on  separate  sheets  of  paper ;  but 
he  shall  not  open  the  election  returns  for  the  Principal  Chief, 
but  forward  them  as  the  Constitution  directs. 

SEC.  17.- — Be  it  further  enacted,  That  such  abstract  of 
votes  returned  to  said  Supreme  Judge  according  to  law,  shall 
be  signed  by  him,  and  deposited  by  him  in  the  clerk's  office 
of  the  Supreme  Court,  and  there  to  remain  for  the  inspection 
of  all  parties  interested. 

SEC.  18. — Be  it  further  enacted,  That  the  candidates  receiv- 
ing the  highest  number  of  votes  for  district  and  county 
offices  shall  be  by  such  Supreme  Judge  declared  elected,  and 
he  shall  issue  certificates  to  the  persons  elected,  district,  and 
county  officers. 

SEC.  19. — Be  it  further  enacted,  That  if  any  Supreme  Judge 
or  other  person  concerned  in  comparing  the  returns  of  any 
election,  shall  neglect,  improperly  delay,  or  refuse  to  perform 
any  of  the  duties  required  by  law,  having  undertaken  to  do 


318  LAWS   OF  THE 

so,  or  shall  refuse  to  take  any  poll-book  or  books,  or  shall 
refuse  to  count  any  of  the  legal  votes,  or  any  one  legal  vote 
of  a  citizen  entitled  to  vote  according  to  the  Constitution  and 
laws  of  this  Nation,  shall  each  forfeit  and  pay  the  sum  of  five 
hundred  dollars,  to  be  collected  in  any  of  the  Circuit  Courts 
of  his  district,  one  half  for  county  purposes  wherein  he  Avas 
convicted,  and  the  other  half  for  the  use  of  the  person  suing 
the  same. 

SEC.  20. — Be  it  further  enacted,  That  the  judges  and  clerks 
of  election  shall  each  receive  for  their  services  the  sum  of 
two  dollars,  to  be  paid  out  of  the  National  Treasury. 

SEC.  21. — Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  judges  of  the  election  to  certify  to  their  poll-book  in 
the  following  form,  to  wit : 

"  We  do  certify  that  the  votes  given  in  the  poll-book  are 
true  and  correct,  this  the day  of A.  D.  18 

Signed  and  sealed. 

(Seal.) 

(Seal.) 
(Seal.) 

SEC.  22. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act  be,  and  are  hereby  repealed,  and 
that  this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  October  30th,  1860. 


A  BILL  to  be  entitled  an  act  to  provide  for  indigent  Choctaws 
and  for  other  purposes. 

Whereas,  in  consequence  of  the  unprecedented  heat  and 
long  continued  drought  of  last  summer,  there  has  been  an 
almost  total  failure  of  crops  among  the  Choctaws,  and  all  the 


CHOCTAW   NATION.  319 

liorrors  of  famiir?  are  impending  over  very  many  of  them; 
and  ivJ/ereas,  it  appears  from  a  letter  addressed  by  Charles  E. 
Mix,  Acting  Commissioner  of  Indian  Affairs,  to  CoL  P.  P. 
Pitchlynn  and  by  him  forwarded  to  the  Principal  Chief  of  the* 
Choctaw  Nation,  that  the  only  fund  now  available  in  the 
hands  of  the  department,  subject  to  the  control  of  the  Choc- 
taw  Council  with  the  consent  of  the  department,  is  a  re- 
served portion  of  interest  arising  from  the  investment  of 
$500,000  under  the  convention  of  1837  with  the  Chickasaws, 
amounting  to  the  sum  of  sixteen  thousand  one  hundred  and 
twenty  dollars ;  and  ivhereas,  the  unclaimed  portion  of  the 
Choctaw  orphan  fund,  arising  under  the  19th  article  of  the 
treaty  of  Dancing  Babbit  Creek,  concluded  September,  1830, 
amounting  to  over  $20,000,  is  lying  idle,  but  cannot  be  used 
without  the  consent  of  the  Congress  of  the  United  States  ; 
and  whereas,  existing  obligations  connected  with  the  educa- 
tion of  forty  Choctaw  youths  in  colleges  in  the  United  States, 
require  the  surplus  of  interest  on  the  $98,391,79  of  stocks 
held  in  trust  by  the  Secretary  of  the  Interior  for  that  pur- 
pose, but  that  the  principal  might  be  used  without  inter- 
fering with  any  present  material  interest  or  any  existing  con- 
tract of  the  Choctaws ;  and  whereas,  in  the  opinion  of,,  this 
Council  it  is  inexpedient  to  discontinue  the  Choctaw  schools, 
and  especially  the  neighborhood  schools,  for  which  is  needed 
the  $11,597  of  interest  now  on  hand,  also  arising  from  the  in- 
vestment under  the  convention  with  the  Chickasaws  ;  and 
ivhereas,  it  is  hoped  that  Congress  will  make  an  early  appro- 
priation for  the  payment  of  the  award  made  by  the  Senate  of 
the  United  States  for  the  payment  of  the  4ebt  ascertained  to 
be  now  due  the  Choctaws,  and  that  the  same  may  be  made 
available  in  time  for  the  relief  of  the  Choctaw  people  from 
famine  during  the  approaching  winter,  therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  Commissioner  of  Indian  Affairs  be 
and  he  is  hereby  authorized  and  requested  to  place  in  the 


320  LAWS  OF   THE 

hands  of  the  United  States  Agent  for  the  Choctaws  and 
Chickasaws,  from  the  first  money  appropriated  by  Congress 
in  payment  of  the  debt  due  the  Choctaw  Nation,  under  the 
Senate  award  made,  in  compliance  with  treaty  stipulations 
contained  in  the  treaty  between  the  United  States,  the  Choc- 
taws  and  the  Chickasaws,  June  22,  1855,  the  sum  of  one 
hundred  and  thirty-four  thousand  five  hundred  and  twelve  dol- 
lars and  fifty-five  cents,  to  be  expended,  or  so  much  thereof  as 
may  be  necessary,  in  the  purchase,  shipment  and  distribution 
of  sixty-five  thousand  bushels  of  corn  among  the  Choctaw 
people,  per  capita ;  provided,  said  appropriation  can  be  had 
early  enough  to  effect  their  relief ;  and  provided,  also,  that 
all  existing  national  obligations  to  be  discharged  out  of  said 
appropriation  shall  first  be  paid. 

SEC.  3. — Be  it  further  enacted,  That  the  Commissioner  of 
Indian  Affairs  be  and  he  is  hereby  authorized  and  requested 
to  place  the  sum  of  sixteen  thousand  one  hundred  and  twenty 
dollars  and  eighty-six  cents,  reserved  interest  on  the  fund 
arising  under  the  convention  of  1837  with  Chickasaws,  in  the 
hands  of  the  United  States  Agent  for  Choctaws  and  Chicka- 
saws for  the  immediate  purchase  and  distribution  of  corn 
among  the  indigent  arid  suffering  Choctaws  to  relieve  their 
present  wants  as  far  as  possible. 

SEC.  4. — Be  it  further  enacted,  That  the  Commissioner  of 
Indian  Affairs  be  and  he  is  hereby  requested  to  procure  the 
consent  of  Congress  to  the  loan  by  him  to  the  Choctaws  of 
the  unclaimed  Orphan  Fund  and  the  stock  invested  for  the 
education  of  forty  youths,  &c.,  the  sum  so  placed  in  the  hands 
of  the  United  States  Agent  for  Choctaws  and  Chickasaws  to 
be  expended,  or  so  much  thereof  as  may  be  required,  for  the 

purchase  of  the  quantity  of  corn  estimated  at ,  necessary 

for  the  relief  of  the  Choctaws ;  said  loan  not  to  be  made, 
however,  if  the  appropriation  mentioned  in  the  first  section 
of  this  act  can  be  had  in  time  to  save  the  Choctaw  people 
from  famine,  with  the  distinct  understanding,  however,  that 


CHOCTAW   XATIOX.  321 

the  Commissioner  of  Indian  Affairs  shall  be  and  he  is  hereby 
authorized  to  replace  and  reinvest  said  trust  funds  so  to  be  used 
out  of  the  first  Choctaw  National  Funds  that  may  come  into 
the  hands  of  the  department  under  the  provisions  of  said 
treaty  of  June  22d,  1855,  after  all  individual  claims  secured 
by  said  treaty,  and  all  existing  national  obligations  and  con- 
tract on  the  part  of  the  Choctaw  Nation  shall  first  be  paid 
and  fully  complied  with. 

SEC.  5. — Be  it  further  enacted,  That  the  Principal  Chief  be 
and  he  is  hereby  authorized  and  directed  to  appoint  some  suit- 
able person  (citizen  of  the  Nation)  whose  duty  it  shall  be  to  aid 
and  assist  the  United  States  Agent  for  Choctaws  and  Chicka- 
saws  in  the  purchase,  shipment  and  distribution  of  good  mer- 
chantable corn,  to  be  delivered  at  the  designated  points,  as 
the  law  directs,  and  that  he  receive  as  a  compensation  for  his 
services  the  sum  of  three  dollars  per  day  and  his  necessary 
traveling  expenses  while  actually  engaged  therein,  to  be  paid 
upon  the  certificate  of  the  Principal  Chief  out  of  the  funds 
appropriated  by  this  bill.  And, 

SEC.  6. — Be  it  further  enacted,  That  the  Commissioner  of 
Indian  Affairs  be  and  he  is  hereby  authorized  to  turn  over 
out  of  the  interest  arising  from  $500,000  under  the  treaty  of 
June  22, 1855,  to  the  Choctaw  delegation,  to-wit :  P.  P.  Pitch- 
lynn,  I.  Folsom  and  Samuel  Garland  $2,000  each,  in  order  to 
enable  them  to  defray  their  expenses  in  attending  to  Choc- 
taw business  at  Washington  City. 

SEC.  7. — Be  it  further  enacted,  That  the  Principal  Chief  of 
the  Choctaw  Nation  be  and  he  is  hereby  directed  to  forward 
to  the  Commissioner  of  Indian  Affairs  an  authenticated  copy 
of  the  act,  with  a  respectful  but  earnest  request  that  the  resi- 
dent Agent  of  the  United  States  for  the  Choctaws  and  Chicka- 
saws  be  required  to  proceed  immediately  to  Washington,  for 
the  purpose  of  conferring  with  the  Hon.  Commissioner  as  to  the 
best  mode  of  carrying  into  effect  the  intentions  of  this  Coun- 
cil, as  set  forth  in  this  act,  for  the  present  relief  of  indigent 

21 


322  LAWS  OF   THE 

and  suffering  Choctaws,  and  to  avert  the  danger  of  famine 
during  the  rigors  of  the  winter  among  the  great  mass  of  the 
people,  and  to  render  such  aid  to  the  Choctaw  Delegation  at 
Washington  City  as  may  become  necessary  in  urging  upon 
the  Congress  of  the  United  States  the  absolute  necessity  of 
early  action  for  the  relief  of  the  Choctaws. 

SEC.  8. — Be  it  further  enacted,  That  the  Principal  Chief  be 
and  is  hereby  authorized  and  directed  to  forward  the  accom- 
panying resolution  urging  upon  the  Agent  of  the  Choctaws 
and  Chickasaws  the  necessity  of  having  the  corn  delivered 
here  at  an  early  day  as  possible,  or  so  much  thereof  as  the 
case  will  admit  of,  and  to  have  the  whole  delivered  by  the 
first  of  May,  1861,  otherwise  corn  will  not  be  received. 

Approved,  October  27th,  1860. 


APPROPRIATION  FOR  FELETAH,  ET.  AL. 

Whereas,  Feletah,  regularly  commissioned  officer  of  the 
'Choctaw  Nation,  while  in  the  legal  discharge  of  his  duty  as 
the  law  directs,  did  summon  David  Harkins,  Clay  Harkins, 
Loring  Harkins,  Turner  B.  Turnbull  and  James  Gibson  to 
assist  him  in  the  performance  of  his  duty,  and  during  which 
occasion  came  in  collision  with  H.  C.  Flack,  a  married  white 
man  in  the  Choctaw  Nation,  and  his  son,  and  in  the  difficulty 
Doth  father  and  son  were  killed ;  the  above  defendants,  with 
others,  called  to  the  aid  of  said  officer  in  executing  the  law, 
were  placed  upon  their  trial  at  a  regular  term  of  the  Circuit 
Court,  and  after  a  full,  fair  and  impartial  trial,  were  honorably 
acquitted  by  a  jury  of  their  country  ;  subsequently  they  were 
rearrested  by  an  officer  of  the  United  States  Government  and 
arraigned  before  the  examining  court  of  the  United  States 
for  the  Western  District  of  Arkansas,  on  the  charge  of  mur- 
der ;  therefore, 
Be  it  enacted  by  the  General  Council  of  the  Choctaw  Nation 


CHOCTAW  NATION.  323 

assembled,  That  the  sum  of  five  thousand  dollars  be  and  is 
hereby  appropriated,  out  of  any  sum  not  otherwise  ap- 
propriated, for  the  purpose  of  defraying  the  expenses 
which  may,  or  may  have  been,  incurred  by  the  defend- 
ants in  the  case  of  the  United  States  of  America  against 
Feletah  and  others,  now  pending  in  the  District  Court  of  the 
United  States  for  the  Western  District  of  the  State  of  Ar- 
kansas, and, 

Be  it  further  enacted,  That  the  National  Auditor  be  and  he 
is  hereby  instructed  to  issue  his  warrant  on  the  National 
Treasurer  for  the  above  sum  in  favor  of  the  defendants 
in  said  case,  to  be  used  by  them  in  such  manner  as  their 
agent  may  deem  necessary  during  their  trial  in  said  court. 

Approved,  October  10th,  1860. 


AN  ACT  entitled  an  act  locating  the  County  and  Circuit  Court 
ground  in  Boktuklo  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  County  and  Circuit  Court  ground 
of  Boktuklo  County  be  and  the  same  are  hereby  located  at 
the  same  old  court  ground,  and  to  be  called  Ishtaya's  Court 
Ground. 

SEC.  2. — Be  it  further  enacted,  That  there  shall  be  two 
election  precincts  in  Boktuklo  County — one  to  be  held  at 
the  aforesaid  court  ground,  and  the  other  one  shall  be  held 
at  the  Church  House  near  Lukfatah. 

SEC.  3. — Be  it  further  enacted,  that  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  anywise  in  conflict  with  the  pro- 
visions of  this  act,  be  and  the  same  are  hereby  repealed,  and 
that  this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  October  31st,  1860. 


324  LAWS   OF  THE 

AN  ACT  entitled  an  act  granting  to  Tandy  "Walker  and  Joseph 
B.  Hall,  the  privilege  to  construct  a  Turnpike  Boad  across 
the  Poteau  Swamps,  and  to  establish  a  toll  gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tJie  Chodaw 
Nation,  That  the  exclusive  privilege  be,  and  the  same  is 
hereby  granted  to  Tandy  Walker  and  Joseph  B.  Hall  to 
establish  a  toll  gate  upon  a  certain  road,  upon  the  condi- 
tions and  terms  to  wit :  That  if  the  said  Tandy  Walker  and 
Joseph  Bi.  Hall  shall  well  and  truly  construct,  or  cause  to  be 
constructed,  a  road  known  as  a  turnpike  road,  to  be  covered 
with  stone  or  plank,  commencing  at  the  western  end  of  the 
Iron  bridge,  lately  erected  by  the  Government  of  the  United 
States  across  the  Poteau  Biver  in  Skullyville  County,  known 
as  "  Bridge  Edwards,"  and  extending  westwardly  to  the  base 
of  the  hill  in  the  lane  at  the  Bing  place.  They  shall  be  enti- 
tled to  demand  and  receeive  therefor,  from  all  persons  pass- 
ing over  the  same,  except  citizens  of  this  Nation,  the  rates 
of  toll,  to  wit :  for  each  four-wheeled  wagon,  or  other  vehicle, 
drawn  by  four  or  more  horses,  mules  or  oxen,  with  driver, 
the  sum  of  fifty  cents ;  for  each  four-wheeled  wagon,  or 
vehicle,  drawn  by  one  or  two  horses,  mules  or  oxen,  with 
driver,  the  sum  of  twenty-five  cents ;  for  each  man  and 
horse,  ten  cents ;  for  each  animal  in  every  drove  of  cattle, 
horses,  hogs  and  sheep,  one  cent  per  head. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons, not  citizens  of  this  Nation,  refuse  to  pay  the  toll  afore- 
said, upon  application,  with  proper  proof  being  made  to  any 
Judge  of  the  County  Courts,  said  Judge  shall  give  judgment, 
with  fifty  per  cent,  damages  on  the  amount  found  due,  and 
shall  direct  the  clerk  of  said  Court  to  issue  a  writ  directed  to 
the  sheriff  of  any  county  in  the  Nation,  who  shall  proceed  to 
seize  sufficient  property  belonging  to  such  person  or  persons, 
and  sell  the  same,  upon  not  more  than  ten  days'  notice,  at 
public  sale,  to  satisfy  the  principal  sum  found  due  as  afore- 


CHOCTAW  NATION.  .  325 

said,  damages  and  all  costs ;  or  complaints  may  be  made  to 
the  United  States  Agent. 

SEC.  3. — Be  it  further  enacted,  That  the  exclusive  privilege 
to  receive  toll  herein  given,  take  effect,  and  be  in  force  when- 
ever the  said  Tandy  Walker  and  Joseph  E.  Hall  shall  well 
and  truly  construct,  or  cause  to  be  constructed,  the  turnpike 
or  plank  road  aforesaid,  and  so  long  as  they  keep  the  same 
in  good  order,  and  are  responsible  for  all  damages  to  any 
person  or  persons,  with  their  property,  traveling  over  the 
same,  but  shall  in  no  case  be  responsible  for  any  damages  to 
person  or  property  that  may  happen  thereon  to  citizens  of 
the  Nation  ;  provided,  the  exclusive  privilege  herein  granted 
shall  not  continue  for  a  longer  term  than  fifteen  years. 

SEC.  4. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 
Approved,  October  31st,  1860. 


AN  ACT  entitled  an  act  locating  the  County  and  Circuit  Court 
Grounds  in  Jack's  Fork  County,  and  Election  Precincts. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  County  and  Circuit  Court  ground  of  Jack's  Fork  County, 
the  same  are  hereby  located  near  Tiashtubbee,  on  Ten- 
Mile  Creek,  where  the  road  leading  from  Blackburn's  to 
John  Caffray's  crosses  the  said  creek,  and  shall  be  known 
and  called  by  the  name  of  Tishupaye's  Court  Ground,  and 
that  the  court  ground  heretofore  located  at  Baiyetalaya  is 
hereby  repealed. 

SEC.  2. — Be  it  farther  enacted,  That  there  shall  hereafter 
be  two  election  precincts  in  Jack's  Fork  County — one  pre- 
cinct to  be  held  at  or  near  Afabe  Johnson's  place,  and  the 
other  one  shall  be  held  at  Daniel  Anderson's  place. 


326  LAWS  OF  THE 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved,  October  31st,  1860. 


AN  ACT  entitled  an  act  locating  the  County  and  Circuit  Court 
Grounds  in  Chuahla  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  County  and  Circuit  Court  ground 
of  Chuahla  County  be,  and  the  same  are  hereby  located  at 
Davis  Frazier's  place,  and  shall  be  known  and  called  by  the 
name  of  Frazier's  Village. 

SEC.  2. — Be  it  further  enacted,  That  there  shall  hereafter 
be  two  election  precincts  in  Chuahla  County — one  precinct 
to  be  held  at  Pine  Hill,  on  Cedar  Creek,  and  the  other  pre- 
cinct at  Lukfapa  Chito. 

SEC.  3. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore,  coming  in  anywise  in  conflict  with  the  provisions 
of  this  act  be,  and  the  same  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  October  24th,  1860. 


AN  ACT  entitled  an  act  to  Punish  Public  Officer,  or  any  other 
person,  for  false  entries  in  or  changing  any  record  of  any 
court  or  public  office. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  if  any  clerk  of  any  court,  or  public 
officer,  or  any  other  person,  shall  wittingly  make  any  false 
entry,  or  erase  any  word  or  letter,  or  change  any  record  be- 
longing to  any  court  or  public  office  whatever,  in  his  keeping 
or  not,  he  shall,  on  conviction  thereof,  be  imprisoned  in  the 
county  or  district  jail  for  a  term  not  exceeding  six  months, 


CHOCTAW  NATION.  327 

pay  a  fine  in  a  sum  not  exceeding  one  hundred  dollars,  and 
be  liable  to  the  action  of  the  party  aggrieved. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  31st,  1860. 


AN  ACT  entitled  an  act  locating  County  and  Circuit  Court 
ground  in  Nashoba  County,  and  election  precincts. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  the  County  and  Circuit  Court  ground  of  Nashoba  County, 
the  same  are  hereby  and  shall  be  removed  to,  at  or  near 
Filehkatubbee's  residence,  and  shall  be  known  as  Filehka- 
tubbee's  court-ground. 

SEC.  2. — Be  it  further  enacted,  That  there  shall  hereafter  be 
two  precincts  in  Nashoba  County,  one  precinct  to  be  held  at 
Mullachar  school-house,  and  the  other  precinct  at  Tulla- 
holihta. 

SEC.  3. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act  be,  and  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  November  1,  1860. 


AN  ACT  entitled  an  act  establishing  two  election  precincts  in 
Tobucksy  County. 

SEC.  1.— Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
the  county  of  Tobucksy  shall  be  divided  into  two  precincts 
for  election  purposes,  viz.  :  one  precinct  at  Perryville,  the 


328  LAWS  OF  THE 

seat  of  justice,  and  the  other  at  Tashka  Himitta's  school- 
house  near  the  Canadian  Kiver. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  in  any  wise  coming  in  conflict  with 
the  provisions  of  this  act,  be,  and  the  same  are  hereby  re- 
pealed. 

Approved  November  1, 1860. 


AN  ACT  entitled  an  act  locating  County  and  Circuit  Court 
ground  in  Towson  County,  and  election  precinct. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tJie  Glioctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  the  County  and  Circuit  Court  ground  of  Towson  County 
the  same  are  hereby  located  at  Hohtak  court  ground. 

SEC.  2. — Be  it  further  enacted,  That  there  shall  hereafter 
be  three  election  precincts  in  Towson  County,  one  precinct  to 
be  held  at  Doaksville,  and  the  other  precinct  at  Kalih  Tuklo, 
and  the  other  at  Wheelock. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  31,  1860. 


ACT  entitled  an  act  to  amend  an  act  defining  the  duties 
and  powers  of  the  Commissioners,  the  jurisdiction  of  the 
Court  of  Claims,  fixing  their  pay,  and  for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tJie  Glioctaw 
Nation  assembled,  That  section  ten  of  the  said  act  referred  to 
be  amended,  so  as  to  read,  "  to  receive  four  dollars  for  every 
day  they  shall  actually  be  engaged  in  the  discharge  of  their 
duties  as  commissioners  and  clerks,  payable  quarterly  out  of 
any  funds  in  the  National  Treasury  not  otherwise  appro- 


CHOC  TAW   NATION.  329 

priated ;  a  certificate  under  the  hand  and  seal  of  the  chief 
commissioner  of  the  number  of  days,  and  the  amount,  shall 
be  presented  to  the  Auditor,  who  shall  issue  his  warrant  on 
the  National  Treasurer  for  the  same  ;"  and  that  the  section 
tenth  be,  and  is  hereby  repealed. 

SEC.  2. — Be  it  further  enacted,  That  this   act   be  in  force 
from  and  after  its  passage. 

Approved,  November  1, 1860. 


APPROPRIATIONS  to  Davis  Frazier. 

Your  Committee  to  whom  was  referred  the  petition  of  Da- 
vis Frazier,  a  citizen  of  the  Choctaw  Nation,  after  having  the 
same  under  due  and  diligent  investigation,  beg  leave  to  state 
that  they  are  of  opinion  that  the  amount  claimed  by  him  is 
just  and  reasonable,  and  that  the  Choctaw  Nation  in  good 
faith  should  pay  the  same,  they  in  duty  bound  would  re- 
spectfully submit  the  following  bill,  and  thenceforth  beg 
leave  to  be  discharged  from  further  duty  on  this  petition. 

SEC.  1. — <Be  it  enacted  by  the  General  Council  of  the  Clioctau 
Nation  assembled,  That  the  sum  of  five  hundred  and  fifty-five 
dollars  is  hereby  appropriated  out  of  any  money  not  other- 
wise appropriated,  in  favor  and  benefit  of  said  Davis  Fra- 
zier. 

SEC.  2. — Be  it  f-urt  •<>•  enacted,  That  said  sum  of  money, 
when  received,  shall  be  in  full  indemnity  for  property  de- 
stroyed, as  set  forth  in  his  petition  above  mentioned,  and 
that  the  National  Auditor  is  hereby  required  to  issue  his 
warrant  on  the  National  Treasury  for  the  same,  and  that  this 
act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  1, 1860. 


330  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  prescribe  the  punishment  for  un- 
natural intercourse. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  every  person  who  shall  be  convicted 
of  the  detestable  and  abominable  crime  against  nature,  com- 
mitted with  mankind,  shall,  upon  conviction,  suffer  death  by 
being  hung  by  the  neck  until  dead. 

SEC.  2. — Be  it  further  enacted,  That  any  person  convicted  of 
having  intercourse  with  any  beast  shall  receive  on  his,  her, 
or  their  bare  backs  thirty-nine  lashes  well  laid  on. 

SEC.  3. — Be  it  further  enacted,  That  the  act  punishing  sod- 
oiny,  approved  October  17th,  1850,  be  and  the  same  is  here- 
by repealed,  and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  October  31,  1860. 


AN  ACT  entitled  an  act  appropriating  a  certain  sum  for  Sun- 
day Schools  in  Boktuklo  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation,  assembled,  That  the  sum  of  one  hundred  and  fifty  dol- 
lars be  and  the  same  is  hereby  appropriated  out  of  any 
moneys  in  the  National  Treasury  not  otherwise  appropriated, 
for  the  support  for  one  year  of  a  Sunday  school  at  Luk- 
sokla,  at  Isht-Anya-in-Kot-Yakni,  and  at  Sulphur  Spring  in 
Boktuklo  County,  said  sum  to  be  equally  divided  among  the 
three  schools. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  November  2d,  1860. 


AN  ACT  entitled  an  act  authorizing  the  Judge  of  the  County 
Court  to  summon  Jurors  in  certain  cases. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


CHOCTAW  NATION.  331 

Nation  assembled,  That  the  Judges  of  the  County  Courts 
of  this  Nation  shall  have  the  power  to  direct  the  clerks 
thereof  to  issue  summons  for  jury  of  seven  disinterested  per- 
sons of  the  county  to  try  such  cases  as  properly  belong  to 
the  jurisdiction  of  said  Court,  if  they  may  deem  necessary  ; 
and  such  writs  of  summons  shall  be  executed  by  the  sheriff 
in  their  proper  county  ;  and  the  party  or  parties  losing  such 
suits  shall  pay  said  jurymen  one  dollar  each  per  day,  for 
every  day's  attendance  on  court,  and  five  cents  per  mile 
traveled,  going  to  and  returning  therefrom,  and  the  costs  of 
summoning  witnesses  and  other  expenses,  &c.,  shall  be  paid, 
as  provided  for  by  law,  in  the  Circuit  Court. 

SEC.  2. — Be  it  further  enacted,  That  all  acts,  or  parts  of 
acts,  heretofore  passed  coming  in  anywise  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  November  2d,  1860. 


AN  ACT  entitled  an  act  providing  a  punishment  for  the  will- 
ful alteration  or  destruction  of  Wills. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation,  That  if  any  person  shall  willfully  alter  or  destroy 
any  will  or  codicil,  without  the  consent  of  the  party  mak- 
ing the  same,  or  shall  willfully  secrete  the  same  for  six 
months  after  the  death  of  the  testator  shall  be  known  to  him, 
the  person  so  offending,  on  conviction  thereof,  shall  be  fined 
or  imprisoned  in  the  county  or  district  jail,  or  both,  at  the 
discretion  of  the  court. 

SEC.  2.—  Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  30th,  1860. 


332  LAWS  OF  THE 

AN  ACT  entitled  an  act  for  the  relief  of  the  heirs  of  Dixon 
W.  Lewis,  deceased. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  two  thousand  dollars  be 
and  the  same  is  hereby  appropriated  to  the  heirs  of  Dixon 
TV.  Lewis,  deceased,  for  his  pay  as  delegate  to  Washington 
city  from  the  Nation,  payable  out  of  any  money  in  the  Trea- 
sury not  otherwise  appropriated,  and  the  National  Auditor 
is  hereby  directed  to  issue  his  warrant  for  said  sum, 
and  the  National  Treasurer  is  hereby  directed  to  pay  the 
same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  31st,  1860. 


OKPHAN  FUND. 

Whereas,  new  claimants  to  the  unclaimed  portion  of  the 
fund  known  as  the  "  Orphan  Fund  "  arising  under  the  19th 
article  of  the  Treaty  of  Dancing  Rabbit  Creek,  of  1830,  hav- 
ing appeared  with  sufficient  evidence  to  justify  a  re-opening 
of  the  investigation  as  to  determine  the  proper  claimants  to 
that  fund  by  the  commissioners  appointed  under  authority  of 
this  Nation  for  that  purpose,  to  settle  the  rights  of  such  new 
claimants,  therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembkd,  That  his  Excellency  the  Principal  Chief  be 
and  he  is  hereby  requested  to  inform  the  Commissioner  of 
Indian  Affairs  that  new  claimants  have  appeared,  who  ask 
that  their  rights  may  be  regarded  by  the  Commissioners  of 
the  Orphan  Fund,  in  order  to  establish  the  justice  of  their 
demand  for  a  disbursement  of  the  unclaimed  portion  of  said 
fund  remaining  in  the  hands  of  the  Government  of  the 


CHOCTAW  NATION.  333 

United  States,  and  thereafter  to  be  placed  upon  an  equal 
footing  with  all  other  claimants  to  the  Orphan  Fund  here- 
after accruing. 

SEC.  2. — Be  it  further  enacted,  That  when  the  consent  of  the 
Commissioner  of  Indian  Affairs  is  obtained  by  the  Principal 
Chief  to  the  re-opening  of  said  unclaimed  "  Orphan  Fund," 
he  shall  notify  the  commissioners  of  said  fund  to  meet  at 
such  suitable  times  and  places  as  may  be  agreed  upon  by 
said  commissioners,  who  shall  examine  and  determine  the 
rights  of  such  new  claimants  in  the  manner  formerly  ob- 
served by  said  commissioners  in  examining  and  determining 
such  claims,  in  order  that  prompt  payment  may  be  made  to 
such  new  claimants,  if  any  may  be  found. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved,  November  1st,  1860. 


AN  ACT  in  relation  to  change  of  venue. 

SEC.  1. — Be  it  enacted  l>y  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  every  person  or  persons  having  a  suit  in  the  Circuit 
Court,-  and  believing  that  they  cannot  have  justice  within  thef 
county  where  the  suit  is  pending,  by  the  people  being  pre- 
judiced to  him  or  them,  in  that  case  the  party  defendant 
may  petition  to  the  judge  of  the  court  for  a  change  of 
venue. 

SEC.  2. — Be  it  further  enacted,  That  the  party  or  parties 
petitioning  for  a  change,  must  state  their  reason,  and  must 
verify  on  signing  the  petition  before  a  legal  officer  that  the 
facts  therein  contained  are  true;  then,  in  that  case,  the 
judge  shall  grant  a  change,  but  not  to  more  than  two  coun- 
ties ;  pi-ovided  the  above  act  has  been  complied  with. 

Approved,  October  30th,  I860. 


334  LAWS  OF  THE 

AN  ACT  entitled  an  act  in  relation  to  the  sentences  of  Court 
in  capital  cases,  and  for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  when  any  defendant  shall  be  sentenced 
to  the  punishment  of  death,  the  court  shall  make  out,  sign 
and  deliver  to  the  Sheriff  of  the  County  a  warrant  stating 
the  conviction  of  such  defendant,  and  the  sentence  of  court, 
and  appointing  a  day  for  the  execution  of  such  sentence,  not 
less  than  two  nor  more  than  four  weeks  from  the  date  of 
such  sentence,  unless  the  court  shall  suspend  sentence  and 
execution  on  account  of  some  matter  of  law  arising  on  the 
trial,  or  some  other  legal  cause. 

SEC.  2. — Be  it  further  enacted,  That  any  person  in  custody 
after  conviction  of  a  criminal  offence,  who  may  desire  his 
case  revised  by  the  Supreme  Court,  upon  writ  of  error,  may 
prosecute  such  writ  without  being  present  in  person  before 
said  court. 

SEC.  3. — Be  it  further  enacted,  That  if  the  defendant  be 
not  removed  on  writ  of  error,  by  order  of  court,  he  shall 
be  detained  according  to  the  judgment  of  the  Circuit  Court 
in  which  he  was  convicted,  until  the  Supreme  Court  shall 
have  decided  his  call,  and  the  judgment  thereof  shall  have 
been  certified  to  the  Circuit  Court,  and  the  same  fully 
Executed. 

Approved,  October  31, 1860. 


AN  ACT  entitled  an  act  fixing  the  Circuit,  County  Court,  and 
election  grounds  in  Eagle  County,  Apuckshanubbee  Dis- 
trict, Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  Circuit  and  County  Court  ground 
of  Eagle  County,  be  and  the  same  is  hereby  located  at 
Eagletown. 


CHOCTAW  NATION.  335 

SEC.  2. — Be  it  further  enacted,  That  the  place  of  hold- 
ing election  be  and  the  same  is  hereby  located  at  Robin- 
son's Spring,  and  one  brecinct  at  James  Hudson's  place. 

SEC.  3. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict 
with  the  provisions  of  this  act,  be  and  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  October  31, 1860. 


AN  ACT  entitled  an  act  locating  election  precinct  in  Gaines 

County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  election  precinct  in  and  for  the 
county  of  Gaines  shall  be  at  Boiling  Spring  in  said  county, 
that  being  the  former  election  grounds. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  1st,  1860. 


AN  ACT  entitled  an  act  establishing  election  precinct  in  Wade 

County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
there  shall  be  only  one  precinct  in  Wade  County,  to  be  lo- 
cated at  the  place  where  Circuit  and  County  Court  are  lo- 
cated, and  that  all  acts  or  parts  of  acts  heretofore  passed 
coming  in  any  manner  in  conflict  with  the  provision  of  this 
act  be,  and  the  same  are  hereby  repealed. 

Approved  November  1st,  1860. 


336  LAWS   OF  THE 

AN  ACT  entitled  an  act  legalizing  the  seal  of  the  Circuit  and 
County  Courts  of  Chuahla  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  the  seal  prepared  for  the  use  of  the 
Circuit  and  County  Courts  of  Chuahla  County,  having  for  its 
device  a  cedar  tree  in  the  centre,  with  the  words  around  the 
edges  "  Chuahla  County,  Choctaw  Nation,"  be,  and  the  same 
is  hereby  declared  the  legal  seal  of  the  Circuit  and  County 
Courts  of  that  County,  if  the  name  of  either  of  said  courts  in 
which  it  is  at  any  time  used  shall  be  written  across  the  im- 
pression made  by  such  seal. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  and  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  November  1st,  1860. 


AN  ACT  entitled  an  act  locating  Circuit  and  County  Courts 
and  election  ground  in  Sans  Bois  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Circuit  Court,  County  Court,  and 
the  election  ground  for  Sans  Bois  county,  will  be  located  at 
the  same  place  where  formerly  held,  until  otherwise  altered 
by  law. 

Approved  October  31st,  1860. 


AN  ACT  entitled   an  act  for  the  removal  of  some  Indians, 
white  men,  and  free  negroes  from  this  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaio 
Nation  assembled,  That  all  the  intruding  tribes  of  Indians, 


CHOCTAW   NATION.  337 

v.-hite  persons,  and  free  negroes,  that  are  now  residing  within 
tlie  limits  of  the  Choctaw  Nation,  contrary  to  the  laws  of  the 
same,  shall  be  and  are  hereby  required  to  leave  this  Nation 
within  sixty  days  after  the  passage  of  this  act,  or  as  soon 
thereafter  as  practicable,  and  that  the  District  Chiefs  and 
the  Principal  Chief  shall  be  and  are  hereby  required  to  in- 
form the  United  States  Agent  for  the  Choctaws  and  Chicka- 
saws  of  all  such  intruders,  and  of  the  existence  of  this  act, 
and  have  removed  beyond  the  limits  of  this  Nation  all  such 
intruding  persons  whomsoever. 

SEC.  2. — Be  it  further  enacted,  That  this  act  be  in  force  from 
and  after  its  passage,  and  that  all  acts  or  parts  of  acts  here- 
tofore coming  in  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed. 

Approved  October  31, 1860. 


AN  ACT  entitled  an  act  locating  County  and   Circuit  Court 
ground  in  Wade  County. 

SEC.  1. — Be  it  enacted  by  tJte  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  County  and  Circuit  Court  ground 
of  Wade  County  is  hereby  located  at  or  near  Thomas  Fra- 
zier's  old  place,  between  George  McDaniels  and  Jesse 
HcKinney's  place  of  said  county,  and  shall  be  known  and 
called  by  the  name  of  McKinney's  Court-ground. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  and  parts  of 
acts  coming  in  conflict  with  this  act,  are  hereby  repealed. 

Approved,  October  24th,  1860. 


AN  ACT  entitled  an  act  directing  the  National  Treasurer  to 
use  certain  funds  in  paying  members  of  the  General  Coun- 
cil and  others. 

SEC.  1. — Be  it  enacted  ly  the  General  Council  of  the  Choctaw 
22 


338  LAWS   OF   THE 

Nation  assembled,  That  the  National  Treasurer  be  and  he  is 
hereby  authorized  to  use  the  remaining  funds  in  his  hands, 
known  as  the  "  Forty  Youth  Fund  "  to  pay  the  members  of 
the  General  Council,  the  clerks,  doorkeepers  and  sergeant- at- 
arms  in  the  employ  thereof  at  the  present  session,  and  that 
he  shall  replace  such  sum  as  may  be  so  used  out  of  the  funds 
coming  into  his  hands  to  defray  national  expenses. 

SEC.   2. — Be  it  further  enacted,  That    this  act  take   effect 
and  be  in  force  from  and  after  its  passage. 
Approved,  November  2d,  1860. 


AN  ACT  entitled  an  act  to  legalize  the  laws  in  existence  at 
and  before  the  adoption  of  the  present  Constitution. 

SEC.  1. — Be  it  enacted,  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  rights,  prosecutions,  claims  and  in- 
•terest,  as  well  of  individuals  as  bodies  corporate,  and  law 
now  in  force  at  the  time  of  the  adoption  of  this  Constitution, 
and  not  inconsistent  therewith,  until  altered  or  repealed  by 
the  General  Council,  shall  remain  in  full  force. 

SEC.  2. — Be  it  further  enacted,  That  any  special  appointments 
or  contracts  heretofore  made  and  approved  under  existing 
laws  or  resolutions  of  the  General  Council  shall  be  approved 
by  the  Principal  Chief  of  this  Nation,  and  the  appointees 
commissioned,  and  contracts  so  made  ratified  by  him. 

SEC.  3. — Be  it  further  enacted,  That  in  order  that  no  inconveni- 
ence may  result  to  the  public  service  from  the  taking  effect 
of  this  Constitution,  no  office  shall  be  suspended,  nor  any 
laws  relative  to  the  duties  thereof  shall  be  changed  or  abro- 
gated until  the  officers  elected  and  appointed  under  the  Con- 
stitution shall  be  duly  qualified  and  enter  upon  their  respec- 
tive duties. 

Approved,  November  1st,  1860. 


CHOCTAW   NATION.  339 

AN  ACT  entitled  an  act  defining  the  crime  of  poisoning  and 
affixing  a  punishment  therefor. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  every  person  who  shall  be  convicted  of 
having  administered,  or  having  caused,  or  procured  to  be 
administered,  any  poison  to  any  human  being  with  intent  to 
kill  such  being,  and  which  shall  have  been  actually  taken  by 
such  being,  whereof  death  shall  not  ensue,  shall  be  punished 
by  imprisonment  not  less  than  three  months  in  the  County 
or  District  Jail  and  receive  one  hundred  lashes  well  laid  on 
the  bare  back. 

SEC.  2. — Be  it  further  enacted,  That  every  person  who  shall 
mingle  any  poison  with  any  food,  drink,  or  medicine  with  in- 
tent to  kill  or  injure  any  human  being,  or  who  shall  willfully 
poison  any  spring,  well,  or  reservoir  of  water  shall,  upon  con- 
viction, be  punished  by  imprisonment  in  the  County  or  Dis- 
trict Jail  not  exceeding  three  months,  and  receive  one  hun- 
dred lashes  well  laid  on  their  bare  back,  or  by  such  imprison- 
ment and  a  fine  not  exceeding  two  hundred  dollars,  or  all,  at 
the  discretion  of  the  court. 

SEC.  3. — Be  it  further  enacted,  That  every  person  who  shall 
willfully  and  unlawfully  administer  any  poison  to  any  horse, 
mare,  colt,  mule,  jack,  jennet,  cattle,  dog,  or  sheep,  or  shall  ma- 
liciously expose  any  poisonous  substance,  with  intent  that 
the  same  should  be  taken  or  swallowed  by  any  horse, 
mare,  colt,  mule,  jack,  jennet,  cattle  or  sheep,  shall,  upon 
conviction,  be  punished  by  imprisonment  in  the  County  Jail 
not  exceeding  ^one  month,  by  a  fine  of  not  exceeding  fifty  dol- 
lars and  receive  thirty-nine  lashes  well  laid  on  the  bare  back. 

SEC.  4. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  in  any  manner  coming  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect,  and  be  in  force  from  and  after 
its  passage. 

Approved  October  31st,  1860. 


340 

RESOLUTION  giving  a  certain  per  diem  to  the  National  Officers, 
and  all  additional  salary  to  the  Members  of  the  present 
General  Council  and  Officers. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
General  Council  of  the  Chodaiu  Nation  assembled,  That  the  sum 
of  two  dollars  for  each  day's  actual  attendance  upon  the 
General  Council  at  the  present  session,  be  and  the  same  is  here- 
by allowed  the  Executive  National  officers,  excepting  those 
that  are  laboring  under  pay  at  the  present  session,  in  addition 
to  the  salary  fixed  by  law  for  such  officers,  and  the  National 
Auditor  is  directed  to  issue  his  warrant  upon  the  National 
Treasurer  for  the  amount  of  such  per  diem,  in  the  manner  of 
paying  regular  salaries ;  Provided,  that  this  resolution  shall 
not  be  so  construed  as  to  allow  said  officers  such  pay  at  any 
future  session  of  the  Council. 

Be  it  further  resolved,  That  an  additional  sum  of  one  dollar 
be  allowed  to  each  of  the  members  of  the  present  Council 
and  its  officers,  for  this  time  only,  and  that  the  National  Au- 
ditor is  directed  to  issue  his  warrant  upon  the  National  Trea- 
sury ;  and  that  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  October  31st,  1860. 


AN  ACT  entitled  an  act  to  provide  the  necessities  to  the  peo- 
ple of  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sheriffs,  or  their  deputies  of  the 
several  counties,  preparatory  to  a  distribution  of  corn,  under 
act  of  the  present  Council,  and  report  the  same  to  the  Com- 
missaries, at  as  early  a  day  as  possible,  taking  the  names  of 
the  heads  of  families,  and  the  number  of  free  persons  there- 
with connected. 

SEC.  2. — Be  it  further  enacted,  That  there  shall  be  elected, 


CHOCTAW  NATION.  341 

by  the  General  Council,  three  discreet  and  responsible  per- 
sons to  act  as  Commissary,  and  to  receive  and  receipt  for  the 
amount  of  corn  that  each  of  them  receive, 

SEC.  3. — Be  it  further  enacted,  That  the  said  Commissary 
shall  procure,  or  cause  to  be  built,  three  several  storehouses, 
to  wit :  one  at  Fort  Coffee,  one  at  the  mouth  of  Kiamichi, 
the  other  at  or  near  the  residence  of  the  Kev.  E.  Hotchkins, 
on  Red  River,  and  shall  receive  and  store  the  same,  and  is- 
sue, at  stated  times,  to  each  person,  one  half  bushel  corn  per 
month,  entitled  to  receive  such  ration  for  the  term  of  ten 
months. 

SEC.  4. — Be  it  further  enacted,  That  the  said  Commissary 
shall  be  entitled  to  receive  for  his  services  as  such  Commis- 
sary, the  sum  of  thirty  dollars  per  month,  while  engaged  in 
the  discharge  of  his  duty  under  this  act,  and  that  whatever 
necessary  expenses  the  said  Commissary  may  be  at  in  hous- 
ing and  taking  care  of  the  corn,  shall  be  reimbursed  to  him. 

SEC.  5. — Be  it  further  enacted,  That  each  Commissary  is 
hereby  required  to  appoint  some  suitable  man  to  act  for  him 
as  clerk,  whose  duty  it  shall  be  to  keep  an  account  of  the 
number  of  bushels  of  corn  each  family  draws,  etc.  And  be 
it  further  enacted,  That  the  clerks  shall  receive  for  their  ser- 
vices the  sum  of  fifteen  dollars  per  month,  while  engaged  in 
their  duty,  to  be  paid  out  from  the  corn-bill  appropriation. 

Approved  November  1st,  1860. 


AN  ACT  making  Bonds  and  Fines  collectable. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  CliO' 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
all  bonds  that  may  be  forfeited,  and  fines  and  penalties  im- 
posed, shall  be  collected  by  the  Courts,  and  officers  having 
jurisdiction  thereof. 

Approved  October  31st,  1860. 


342  LAWS  OF  THE 

AN  ACT  entitled  an  act  to  receive  the  Keport  of  the  National 
Treasurer,  etc. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  tlie  Choctaw 
Nation,  that  the  report  of  Allen  Wright,  National  Treasurer, 
for  the  year  ending  first  of  October,  1860,  be  and  the  same 
is  hereby  accepted  on  the  part  of  the  General  Council. 

SEC.  2 — Be  it  further  enacted,  That  the  bond  executed  by 
the  said  Allen  Wright,  be  and  the  same  is  hereby  declared 
null  and  void,  and  that  this  act  take  effect,  and  be  in  force 
from  and  after  its  passage. 

'  Approved,  October  25th,  1860. 

CHANGE  OF  THE  CONSTITUTION. 

Whereas,  A  change  in  the  Constitution  of  the  Choctaw 
Nation  has  done  away  with  the  offices  of  Justices  of  the  Peace, 
Constable,  and  sundry  other  county  officers,  and  it  is  desi- 
rable that  those  who  have  heretofore  served  in  that  capacity, 
and  have  claims  unsettled,  should  now  have  settlements  of 
their  accounts,  and  many,  if  not  all  of  the  counties  are  in 
debt  beyond  their  power  to  pay  ;  therefore, 

SECTION  1. — Be  it  enacted  %  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  County  Judge,  his  Clerk,  and 
the  Sheriff  of  each  county,  be  a  committee  with  power  to 
examine  all  claims  which  may  be  macL>  against  the  several 
counties,  and  for  such  claims  as  may  be  according  to  law, 
and  which  may  have  arisen  prior  to  the  5th  of  October,  A.D. 
1860.  They  shall  have  power  to  issue  a  certificate  and  the 
sum  allowed. 

SEC.  2. — Be  it  further  enacted,  That  when  such  claim,  so  al- 
lowed and  signed  by  the  said  Committee  severally,  and  shall 
have  been  further  certified  to  by  the  Circuit  Judge  and  the 
Clerk  of  said  Court  in  and  for  the  district  in  which  the  re- 
spective counties  may  lay,  the  National  Auditor  for  the  Choc- 
taw Nation  shall  be  authorized  to  issue  his  warrant  on  the 
National  Treasury  of  the  Choctaw  Nation  for  said  claims, 
which  shall  be  paid  as  other  National  claims. 


CHOCTAW  NATION.  343 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  October  24th,  1860. 


AN  ACT  concerning  Divorce  and  Alimony. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  marriages  which  are  prohibited  by 
law,  on  account  of  consanguinity  between  the  parties,  or  on 
account  of  either  of  them  having  a  former  husband  or  wife 
then  living,  shall,  if  solemnized  within  this  Nation,  be  abso- 
lutely void,  without  any  decree  of  divorce,  or  other  legal  pro- 
ceedings. 

SEC.  2. — Be  it  further  enacted,  That  the  Circuit  Court  in 
the  county  where  the  plaintiff  resides,  has  jurisdiction  of  all 
cases  of  divorce  and  alimony,  and  of  guardianship  connected 
therewith. 

SEC.  3. — Be  it  further  enacted,  That  the  petition  for  divorce, 
in  addition  to  the  fact£  on  account  of  which  the  plaintiff 
claims  the  relief  sought,  must  state  that  he  or  she  has  been,  for 
the  last  six  months,  a  resident  of  the  county,  and  that  the  ap- 
plication is  not  made  through  fear  or  restraint,  or  out  of  any 
levity  or  collusion  with  the  defendant,  but  in  sincerity  and 
truth  for  the  purpose  set  forth  in  the  petition ;  it  must  also 
be  sworn  to  by  the  plaintiff. 

SEC.  4. — Be  it  further  enacted,  That  divorces  from  the  bonds 
of  matrimony  may  be  decreed  against  the  husband  in  the 
following  cases :  first,  when  the  defendant  at  the  time  of  his 
marriage  was  impotent ;  second,  when  he  had  a  lawful  wife 
then  living ;  third,  when  he  has  committed  adultery  subse- 
quent to  the  marriage ;  fourth,  when  he  willfully  deserts  his 
wife  and  absents  himself  without  a  reasonable  cause  for  the 
space  of  one  year ;  sixth,  when  after  marriage  he  becomes 
addicted  to  habitual  drunkenness  ;  seventh,  when  he  is  guilty 


344  LAWS  OF  THE 

of  such  inhuman  treatment  as  to  endanger  the  life  of  his 
wife. 

SEC.  5. — Be  it  furtJier  enacted,  That  the  husband  may  in 
all  cases  obtain  a  divorce  from  the  wife  for  like  causes. 

SEC.  6. — Be  it  furtlier  enacted,  That  if  the  defendant  does 
not  appear  and  answer  the  petition  at  the  proper  time,  the 
Court,  if  satisfied  that  the  complainant  is  the  injured  party, 
may  decree  a  dissolution  of  the  marriage  contract ;  or  when 
the  defendant  can  be  found,  it  may,  in  its  discretion,  bring 
him  or  her  in  by  attachment  and  compel  him  or  her  to  answer. 

SEC.  7. — Be  it  furtlier  enacted,  That  when  a  divorce  is  de- 
creed, the  Court  may  make  such  order,  in  relation  to  the 
children  and  property  of  the  parties  and  the  maintenance  of 
the  wife,  as  shall  be  right  and  proper ;  subsequent  changes 
may  be  made  by  the  Court  in  these  respects,  where  circum- 
stances render  them  expedient. 

SEC.  8. — Be  it  further-  enacted,  That  when  a  divorce  is  de- 
creed, the  parties  shall  have  the  right  to  divide  such  property 
equally  that  may  have  been  jointly  accumulated  while  living 
together. 

SEC.  9. — Be  it  further  enacted,  That  no  decree  of  divorce 
shall  affect  the  legitimacy  of  any  child  begotten  within  the 
bonds  of  lawful  wedlock. 

SEC.  10. — Be  it  furtlier  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  wise  in  conflict  with 
the  provisions  of  this  act  be,  and  the  same  are  hereby  re- 
pealed, and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved.  October  30th,  1860. ; 


APPROPRIATION  to  Forbis  Leflore. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation,  That  the  sum.  of  three  thousand  dollars  is  hereby. 


CHOCTAW  NATION.  345 

awarded  to  Forbis  Leflore  for  services  rendered  by  him  as  a 
delegate  to  Washington  City,  out  of  any  money  not  other- 
wise appropriated. 

SEC.  2. — Be  it  further  enacted,  That  said  sum  of  money 
when  received,  shall  be  in  full  satisfaction  of  all  claims  and 
demands  against  the  Choctaw  Nation,  on  account  of  attend- 
ing to  arrearages  of  annuities  under  the  Treaty  of  1830,  and 
that  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  November  2d,  1860. 


AN  ACT  authorizing  parties  litigant  to  take  deposition,  etc. 

SEC.  1. — Be  it  enacted  by  tJie  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
it  shall  be  lawful  for  parties  litigant  in  any  of  the  Courts  of 
this  Nation  to  take  the  deposition  of  any  and  all  parties 
absent  from  the  limits  of  this  Nation,  or  beyond  the  limits  of 
the  county  in  which  the  cause  may  be  on  trial,  or  in  the  fol- 
lowing cases,  to  wit :  if  the  witness  be  sick  or  of  old  age,  so 
that  it  would  be  impossible  for  them  to  attend  without  dan- 
ger to  their  health,  and  when  the  witness  is  absent  or  about 
to  be  absent  from  the  Nation  at  the  term  of  the  Court  to 
which  the  cause  is  triable  ;  provided,  that  any  person  wish- 
ing to  take  deposition  shall  give  the  opposite  party  or  their 
attorney  ten  days'  notice  of  the  time  and  place  ot  taking 
such  depositions,  which  depositions  shall  be  taken  before  the 
County  Judge  of  the  county  where  the  witness  resides  ;  the 
said  Judge  shall  first  administer  an  oath  to  the  party  giving 
depositions,  etc.,  and  the  depositions  so  taken,  shall  be  read 
in  evidence  in  any  court  or  courts  of  this  Nation,  and  shall 
have  the  same  force  and  effect  as  if  the  person  was  person- 
ally present. 

SEC.  2.— Be  it  further  enacted,  That  all  acts  or  parts  of  acts 


346  LAWS  OF  THE 

heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 
Approved  November  2d,  1860. 


AN  ACT  entitled   an  act  locating  election  precincts  in  Bed 
River  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  there  shall  hereafter  be  three  election 
precincts  in  Eed  River  County ;  one  election  precinct  shall 
be  held  at  Willis  Harkin's  school-house,  and  another  elec- 
tion precinct  shall  be  held  at  or  near  James  Brown's  place, 
and  another  election  precinct  shall  be  held  at  the  Koaiilli 
school-house. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  31st,  1860. 


AN  ACT  entitled  an  act  to  prevent  the  burning  of  prairies, 

woods,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  it  shall  not  be  lawful  at  any  time  for 
any  person  to  set  the  prairies  or  woods  on  fire,  except  in  the 
months  of  February  and  March  alone. 

SEC.  2. — Be  it  further  enacted,  That  any  person  or  persons 
violating  the  provisions  of  this  act,  shall  on  conviction  be- 
fore the  County  Judge,  forfeit  and  pay  the  sum  of  twenty- 
five  dollars,  one  half  to  the  use  of  the  county,  and  the  other 
half  to  the  person  sueing  for  the  same. 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  should 


CHOCTAW  NATION.  347 

be  convicted  of  setting  the  woods  or  prairies  on  fire,  and  if 
the  fire  should  destroy  any  stock,  fences  or  other  articles  of 
any  persons,  the  offender  shall  be  liable  for  all  damages  and 
injuries  done,  and  the  Court  shall  award  judgment  for  the 
same,  to  be  collected  as  other  fines  and  forfeitures  are  col- 
lected. 

SEC.  4. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons having  knowledge  of  any  person  violating  this  act,  and 
concealing  or  withholding  the  same,  or  refusing  to  give  evi- 
dence against  such  offending  person  in  any  court  having 
jurisdiction  thereof,  shall  upon  conviction  be  fined  by  the 
court  having  jurisdiction  any  sum  not  exceeding  fifty  dollars, 
and  not  less  than  five  dollars. 

SEC.  5. — Be  it  further  enacted,  That  the  person  sueing  such 
person  or  persons  concealing  or  withholding  the  knowledge 
of  the  violation  of  this  act,  shall  be  entitled  to  receive  as  a 
compensation  one  [half  of  the  amount  of  the  fine,  and  the 
other  to  go  to  the  county  in  which  the  offence  is  committed 
for  county  purposes. 

SEC.  6. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed,  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  November  1st,  1860. 


348  LAWS  OF  THE 

ACTS  AND  RESOLUTIONS 

PASSED  AT  THE 

CALL  SESSION 

OP  THE 
GENERAL    COUNCIL,   JANUARY,  1861. 

RESOLUTION  providing  for  the  election  of  delegates  by  joint 
ballot  of  both  Houses  of  the  General  Council  who  are  to 
meet  Chickasaw  Delegates  in  General  Convention  for  the 
purpose  of  consulting  for  their  common  safety. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  twelve  delegates  be  elected  by  this 
Council  in  the  following  order,  viz. :  five  from  Apuckshun- 
nubbee  District,  four  from  Pushamataha  District,  and  three 
from  Mosholatubbee  District,  who  shall  meet  the  Chickasaw 
delegates  in  convention  at  Boggy  Depot,  Choctaw  Nation,  on 
the  eleventh  day  of  March,  1861,  to  consult  for  the  common 
safety  of  these  two  tribes  in  the  event  of  the  dissolution  of 
the  American  Union. 

SEC.  2. — Be  it  further  resolved,  That  the  said  delegates  shall 
be  allowed  the  same  per  diem  and  mileage  as  the  members 
of  the  General  Council  of  this  Nation  are  allowed  under  the 
existing  laws. 

SEC.  3. — Be  it  further  resolved,  That  one  clerk  be  elected 
out  of  this  Nation,  to  accompany  the  said  delegates,  and  be 
allowed  the  same  pay  as  said  delegates ;  in  case  the  clerk 
gets  sick,  the  delegates  shall  appoint  one. 

SEC.  4. — Be  it  further  resolved,  That  upon  certificate  of 
the  Principal  Chief  that  such  services  have  been  performed, 
stating  the  amount  allowed  to  such  delegate  and  clerk  to  said 
convention,  the  National  Auditor  is  hereby  authorized  to 


CHOCTAW  NATION.  319 

issue  his  warrant  for  such  amounts  on  the  National  Treasurer 
who  is  required  to  pay  the  same  out  of  the  school  fund  now 
in  the  National  Treasury,  and  refund  the  same  whenever  any 
money  for  the  expense  of  this  government  come  into  said 
Treasury ;  provided,  said  Treasurer  is  requested  to  go  and 
pay  the  above  Choctaw  delegates  at  Boggy  Depot,  C.  N.,  who 
shall  be  allowed  the  same  pay  as  the  said  delegates. 

SEC.  5. — Be  it  further  resolved,  That  the  said  delegates  shall 
report  their  action  in  said  convention  to  the  next  General 
Council,  or  submit  the  same  to  the  popular  vote  of  the  people 
at  the  ballot-box  for  their  approval  or  disapproval. 

SEC.  6. — Be  it  further  resolved,  That  in  the  event  of  said 
delegates  decide  to  submit  their  action  in  said  Convention  to 
the  vote  of  the  people,  the  Principal  Chief  is  hereby  re- 
quested to  issue  his  proclamation  commanding  the  proper 
officers  to  hold  an  election  for  the  purpose  of  allowing  the 
people  to  vote  on  the  same. 

SEC.  7. — Be  it  further  resolved,  That  His  Excellency  the 
Principal  Chief  of  this  Nation  is  hereby  politely,  yet  urgently, 
requested  to  attend  the  said  Convention,  who  shall  be  al- 
lowed the  same  per  diem  and  mileage  as  the  members  of  the 
General  Council  are  now  allowed  under  existing  laws ;  pro- 
vided, hoicever,  his  mileage  shall  be  allowed  from  Doaksville 
to  Boggy  Depot  alone. 

SEC.  8. — Be  it  further  resolved,  That  in  case  any  of  the 
said  delegates  fail  to  attend  said  Convention,  the  Principal 
Chief  shall  have  the  power  to  fill  by  appointment  any  and 
all  such  vacancies,  and  also  to  add  additional  delegates,  if  he 
deem  necessary  to  the  better  representation  of  the  Choctaw 
people. 

SEC.  9. — Be  it  further  resolved,  That  the  Principal  Chief  of 
this  Nation  shall  commission  the  said  delegates  and  their 
clerk  to  the  said  Convention. 

SEC.  10. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  8th,  1861. 


350  LAWS   OF  THE 

RESOLUTIONS  requiring  certain  things  preparatory  to  consider- 
ing claims  for  work  done  on  Armstrong  Academy. 

Resolved  by  the  General  Council  of  the  Clioctaw  Nation  as- 
sembled, That  Robert  W.  Nail,  Superintendent  of  Schools, 
and  "W.  R.  Baker,  Superintendent  of  Armstrong  Academy, 
comprising  the  building  committee  for  the  new  building  at 
that  Academy,  be  required  to  make  out  a  detailed  statement, 
accounts  framed  by  the  proper  vouchers,  of  the  items  of  ex- 
penditures made  for,  and  on  account  of  this  Nation  of  the 
sum  of  money  formerly  appropriated  for  the  construction  and 
completion  of  the  new  building  at  said  Academy,  which  re- 
port shall  be  delivered  to  the  Principal  Chief,  to  be  submitted 
to  the  next  regular  session  of  the  General  Council,  to  aid  in 
finally  settling  all  demands  for  work  done  on  said  Academy, 
and  until  that  time,  no  further  action  will  be  taken  by  the 
General  Council  in  the  matter. 

Resolved  further,  That  this  resolution  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved,  February  4th,  1861. 


AN  ACT  entitled  an  act  directing  Joseph  Dukes  to  translate 
the  laws  of  the  present  session  into  the  Clioctaw  language, 
and  fixing  his  pay. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  Joseph  Dukes  is  hereby  appointed 
and  authorized  to  translate  the  acts  and  resolutions  of  the 
present  session  into  the  Choctaw  language. 

SEC.  2. — Be  it  further  enacted,  That  he  shall  be  allowed  the 
sum  of  three  dollars  per  day  for  each  day's  service  actually 
employed  in  such  translation,  and,  on  the  certificate  of  the 
Principal  Chief,  the  National  Auditor  is  directed  to  issue  his 
warrant  on  the  National  Treasurer  for  the  amount,  who  is 
authorized  to  pay  the  same. 


CHOCTAW  NATION.  351 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved,  February  7th,  1861. 


AN  ACT  entitled  an  act  authorizing  the  Principal  Chief  to 
have  the  present  Constitution,  and  acts  and  resolutions 
passed  at  the  regular  session  of  October,  1860,  and  acts  and 
resolutions  of  the  present  called  session  of  February,  1861, 
printed  in  pamphlet  form. 

SEC.  1. — Be  it  enacted  ~by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  this  Nation  is 
hereby  authorized  and  requested  to  have  the  present  Con- 
stitution and  all  acts  and  resolutions  passed  at  the  regular 
session  of  October,  1860,  and  of  the  present  called  session 
of  February,  1861,  of  the  General  Council  printed  in  pam- 
phlet form,  each  containing  both  Choctaw  and  English  lan- 
guages, at  an  early  day  as  practicable,  one  hundred  and  fifty 
copies. 

SEC.  2. — Be  it  further  enacted,  That  as  soon  as  the  Prin- 
cipal Chief  or  the  National  Secretary  receive  the  above  num- 
ber of  copies,  he  shall  have  them  distributed  among  the 
officers  of  this  Nation,  as  the  law  directs. 

SEC.  3. — Be  it  further  enacted,  That  this  act,  approved  No- 
vember 1st,  is  hereby  repealed,  and  that  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  February  8th,  1861. 


AN  ACT  entitled  an  act  making  an  appropriation  for  Peter 
Folsom,  one  of  the  National  Delegates. 

SEC.  1. — Beit  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  fifteen  hundred  dollars  be 


352  LAWS   OF   THE 

and  the  same  is  hereby  appropriated  out  of  any  money  in  the 
treasury,  not  otherwise  appropriated  as  a  loan  to  Peter  Fol- 
som,  one  of  the  National  Delegates,  for  the  purpose  of  de- 
fraying his  expenses  to  Washington  City,  to  attend  to  his 
duties  there  as  such  National  Delegate. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor  is 
hereby  directed  to  issue  his  warrant  for  said  sum,  and  the 
National  Treasurer  is  directed  to  pay  the  same. 


ACTS   AND    KESOLUTIONS 

PASSED  AT  THE 

EXTRA    SESSION,    JUNE    1861. 

A  RESOLUTION  enabling  the  Committee  therein  named  to 
carry  out  their  duty  more  perfectly. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  R.  M.  Jones,  B.  L.  Leflore,  H.  N.  Fol- 
som,  Coleman  Cole  and  F.  Battiest,  the  Committee  of  this 
Council,  are  hereby  authorized  to  demand  and  obtain  any  and 
all  vouchers,  or  receipts,  or  any  other  evidence  bearing  on 
the  subject,  or  duty  assigned  them,  so  that  they  may  be 
enabled  to  make  such  report  to  the  next  Council  as  they  were 
to  report  to  this  Council. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  June  14,  1861. 

A  RESOLUTION  directing  the  National  Treasurer  and  National 
Auditor  to  make  settlement  with  Gen.  D.  H.  Cooper  on  ac- 
count of  the  money  placed  in  his  hands  for  the  purchase 
of  corn  for  the  Choctaws,  &c. 

SEC.  I..— Be  it  resolved  by  the  General  Council  of  the  Chocfaw 


CHOCTAW    XATIOX.  353 

Nation  assembled,  That  the  National  Treasurer  and  Auditor 
of  the  Choctaw  Nation  are  hereby  authorized  and  instructed 
to  make  a  just  and  proper  settlement  with  Gen.  D.  H.  Cooper 
in  relation  to  the  appropriation  made  by  the  General  Council 
in  October,  1860,  for  the  purchase  of  corn  for  the  necessities 
of  the  Choctaw  people. 

SEC.  2. — Be  it  further  resolved.  That  the  balance  remain- 
ing be  turned  over  to  the  National  Treasurer  after  a  fair  set- 
tlement for  the  purchase  of  corn,  and  shall  make  a  full  re- 
port thereof  to  the  General  Council  in  October  next. 

SEC.  3. — Be  it  further  resolved,  That  this  resolution  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  June  14,  1861. 


A  EESOLTJTION  relating  to  the  Public  Schools. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Superintendents  of  Public  Schools 
be  and  they  are  hereby  required  to  make  out  an  inventory  of 
ah1  property  in  their  possessions,  and  sell  all  surplus  provi- 
sions remaining  in  their  hands. 

SEC.  2. — Be  it  further  resolved,  That  the  Superintendents, 
after  taking  the  inventory  and  the  proceeds  of  sale,  be  re- 
quired to  turn  over  to  the  trustees  ;  and  all  moneys  arising 
under  such  sale  shall  go  to  pay  tlje  debts  of  their  respective 
institution,  if  any,  by  the  trustees,  and  report  the  same  to 
the  General  Council. 

SEC.  3. — Be  it  further  resolved,  That  the  trustees  are 
hereby  required  to  employ  suitable  persons  to  take  charge  of 
all  property  so  taken  at  each  of  those  public  shools  for  safe 
keeping. 

SEC.  4. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  June  14, 1861. 

23 


354  LAWS  OF   THE 

A  RESOLUTION  creating  a  committee  to  inquire  into  the  result 
of  the  mission  of  the  delegation,  composing  of  P.  P.  Pitch- 
lynn,  et  al.,  and  to  report  the  same  to  the  General  Council 
for  final  settlement. 

SEC.  1. — Be  it  resdved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Messrs.  B.  M.  Jones,  B.  L.  Leflore, 
Coleman  Cole,  H.  N.  Folsom,  and  F.  Battiest,  be  authorized 
as  a  committee  to  ascertain  minutely  of  the  delegation,  P.  P. 
Pitchlynn,  I.  Folsom,  P.  Folsom,  and  Samuel  Garland,  in  re- 
gard to  their  mission,  to  sue  and  prosecute  the  U.  S. 
Government  for  final  settlement  of  all  claims  in  behalf  of  the 
Choctaw  Nation,  and  also  to  ascertain  what  amount  is  due 
the  Nation  from  the  United  States,  and  ask  them  for  a  set- 
•tlement  thereof. 

SEC.  2. — Be  it  further  resolved,  That  the  said  delegates 
be  notified  to  attend  upon  the  said  committee  to  give  al^in- 
formation  desired,  and  answer  questions  propounded  to  them, 
in  regard  to  their  mission  to  Washington  city,  for  a  full  satis- 
faction of  the  General  Council  of  that  matter. 

SEC.  3. — Be  it  further  resolved,  That  the  said  committee  is 
hereby  required  to  make  a  written  report  of  the  same  as 
may  suggest  or  recommend  such  action  to  be  made  as  they 
.may  deem  wise. 

Approved,  June,  1861. 


ACTS  AND  BESOLUTIONS 

PASSED  AT 
REGULAR  SESSION,  OCTOBER,  1861. 

AN  ACT  entitled  an  act  of  removing  and  making  a  new  elec- 
tion precinct  in  Jack's  Fork  County. 

SEO.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


CHOCTAW  NATION.  355 

Nation  assembled,  That  the  election  precinct  established  at 
Daniel  Anderson's  is  hereby  changed  and  removed  to  Yotub- 
bee,  deceased,  and  shall  be  known  and  called  Yotubbee's 
election  precinct. 

SEC.  2. — Be  it  further  enacted,  That  in  addition  to  the  two 
precincts  in  said  county,  there  shall  be  added  one  more  elec- 
tion precinct,  and  placed  on  the  road  leading  from  John 
Caffrey's  to  Blackburn's  at  Willis  Hampton's,  and  shall  be 
known  and  called  Willis  Hampton's  election  precinct. 

SEC.  3. — Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  October  29, 1861. 


AN  ACT  changing  the  Court  Ground  in  Sans  Bois  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  present  County  Court,  Cir- 
cuit Court,  and  election  ground  of  Sans  Bois  County  is 
hereby  removed  to  or  near  Okchanak  Chito  on  Sans  Bois 
Creek,  where  the  road  leading  from  Skullyville  to  Perryville 
crosses  the  same  in  said  county,  and  it  shall  be  known  and 
called  Okchanak  Chito  Court  Ground. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  25, 1861. 


AN  ACT  entitled   an   act  removing  the  Court  of   Kiamichi 

County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  Nitakache  court  ground  is  hereby 
changed  and  removed  to  a  spring  one  mile  west  of  said 


356  LAWS  .OF  THE 

court  ground,  and  it  shall  be  known  and  called  Big  Spring 
Court  Ground. 

SEC.  2. — Be  it  further  enacted,  That  the  Circuit  Court,  Pro- 
bate, County  Court,  and  the  election  precinct  shall  be  held 
at  Big  Spring. 

SEC.  3. — Be  it  further,  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  28th,  1861. 


AN  ACT  entitled  an  act  to  pay  the  Special  Committee  ap- 
pointed to  make  settlement  with  the  Choctaw  Delegates 
and  their  Attorneys  respecting  their  mission  to  the 
Government  of  the  United  States. 

SEC.  1. — Be  it  enacted  by  the.  General  Council  of  the  Choctaiv 
Nation  assembled,  That  the  Special  Committee  under  joint  re- 
solution of  the  Choctaw  Council  passed  in  June,  1861,  to 
make  settlements  with  the  Choctaw  delegates  respecting 
their  mission  to  the  Government  of  the  United  States,  be  al- 
lowed per  diem  pay,  and  mileage  as  that  of  the  members  of 
the  General  Council. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
be  and  is  hereby  authorized  to  issue  his  warrants,  upon  cer- 
tificate of  the  Principal  Chief,  on  the  National  Treasurer,  in 
favor  of  each  member  of  the  special  committee,  to  be  paid 
out  of  any  money  not  otherwise  appropriated. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  November  2,  1861. 


AN  ACT  entitled  an  act  appropriating  the  Annual  Contingent 
Fund  provided  for  by  law,  for  the  use  of  the  Principal 
Chief  of  this  Nation.  • 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


CHOC  TAW  NATION.  357 

Nation  assembled,  That  the  sum  of  four  hundred  dollars 
is  hereby  appropriated  out  of  any  funds  not  otherwise 
appropriated  in  the  National  Treasury,  for  the  use  of  the 
Principal  Chief  of  this  Nation,  as  a  contingent  fund,  pro- 
vided for  by  law,  and  the  National  Treasurer  is  hereby  re- 
quired to  pay  the  same  upon  the  warrant  of  the  National 
Auditor.  This  appropriation  is  for  the  fiscal  year,  commenc- 
ing October  7,  1861,  and  ending  the  first  Monday  in  October, 
1862. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  November  4, 1861. 


A  KESOLUTION  giving  additional  pay  of  one  dollar  per  day  to 
each  of  the  members  of  the  present  General  Council  and 
its  officers. 

SEC.  1 — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  additional  sum  of  one  dollar  per 
day  be  allowed  to  each  of  the  members  of  the  present  Coun- 
cil and  its  officers,  and  the  National  Auditor  is  hereby  di- 
rected to  issue  his  warrant  upon  the  National  Treasurer ; 
Provided,  that  this  resolution  shall  not  be  so  construed  as 
to  allow  said  members  of  the  Council,  and  its  officers,  such 
pay  at  any  future  session  of  the  Council. 

SEC.  2. — Be  it  furtJier  resolved,  That  this  resolution  take  ef- 
fect, and  be  in  force  from  and  after  its  passage. 

Passed  both  Houses,  by  two-thirds  vote,  Nov.  4,  1861. 


AN  ACT  entitled  an  act  to  pay  Johnson  Pushamataha  for  ser- 
vices rendered  the  Nation,  as  Commissioner,  to  form  a 
Treaty  of  Peace  with  the  Indians,  in  the  Leased  Country. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiu 


358  LAWS  OF  THE 

Nation  assembled,  That  the  sum  of  sixty-two  dollars  be  allowed 
to  Johnson  Pushamataha,  for  services  rendered  as  a  Com- 
missioner in  behalf  of  the  Choctaw  Nation,  to  make  a  Treaty 
of  Peace  with  certain  tribes  of  Indians  in  the  Leased 
Country. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
be  and  is  hereby  authorized  to  issue  his  warrant  to  said 
Johnson  Pushamataha,  on  the  National  Treasury,  to  be  paid 
out  of  any  money  not  otherwise  appropriated. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  November  4, 1861. 


A  RESOLUTION  requiring  the  Principal  Chief  to  account  for 
the  Contingent  Fund  expended  by  him  from  October,  1860, 
to  October,  1861. 

SEC.  1. — Be  it  resdved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  the  Choctaw 
Nation  is  hereby  requested  to  give  a  full  report  of  the  expen- 
ditures of  the  Contingent  Fund  used  by  him  from  October, 
1860,  to  October,  1861,  to  the  General  Council  at  its  present 
session,  as  required  by  "  An  act  entitled  an  act  to  define  cer- 
tain duties  of  the  Principal  Chief  of  the  Choctaw  Nation," 
etc.,  in  section  eight. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect,  and  be  in  force  from  and  after  its  passage. 

Approved  November  5, 1861. 


AN  ACT  entitled  an  act  locating  County  and  Circuit  Court 
ground  in  Sugar  Loaf  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctow 


CHOCTAW  NATION.  359 

Nation  assembled,  That  the  County,  Probate  and  Circuit  Court 
ground  of  Sugar  Loaf  County  is  hereby  located  at  the  same 
place  as  established  under  the  old  laws,  and  shall  hereafter 
be  known  as  Hochubbe's  Court  Ground. 

SEC.  2. — Be  it  further  enacted,  That  the  several  election 
precincts  in  said  County,  located  and  established  under  the 
old  laws  at  the  following  places,  viz.  :  One  at  A.  G.  Morris's 
house,  at  Yellow  Spring,  and  at  Salem  schoolhouse,  on  Bok 
Falaya,  are  hereby  confirmed. 

SEC.  3. — Beit  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved,  November ,  1861. 


Whereas,  the  sum  of  one  hundred  and  thirty-four  thousand, 
five  hundred  and  twelve  dollars  and  eighty-five  cents,  was 
paid  over  to  Gen.  D.  H.  Cooper,  late  agent  for  the  Choctaws 
and  Chickasaws,  by  the  Government  of  the  United  States, 
out  of  the  funds  arising  from  the  net  proceeds  of  the  lands  of 
the  Choctaws,  under  the  Treaty  of  1855,  for  the  purchase  of 
corn,  under  an  act  of  the  General  Council,  passed  at  the  Oc- 
tober Session,  1860  ;  and,  ichereas,  it  appears  that  only  a  por- 
tion of  said  funds  was  expended  for  the  purchase  of  corn,  and 
the  balance  remains  unaccounted  for  by  said  Douglas  H. 
Cooper;  Therefore, 

SEC.  1. — Be  it  ena-tel  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  this  Nation  be 
authorized,  and  is  hereby  required  to  take  immediate  steps  for 
a  full  and  fair  settlement  with  said  Douglas  H.  Cooper,  in 
regard  to  said  funds.  That  said  D.  H.  Cooper  be  required 
to  produce  the  proper  vouchers  for  the  purchase  of  corn 
that  was  distributed  among  the  Choctaws,  and  that  he  be  al- 
lowed a  credit  for  that  amount  only. 

SEC.  2. — Be  it  further  enacted,  That  D.  H.  Cooper  be  re- 
quired to  pay  over  all  money  in  his  hands,  of  said  funds, 


360  LAWS  OF  THE 

after  allowing  him  the  credit  above  mentioned,  and  to  turn 
over  all  drafts  and  certificates  of  deposit,  that  he  may  have 
as  a  part  of  said  funds,  and  that  the  Principal  Chief  be  au- 
thorized to  receive  the  same  and  turn  it  over  to  the  Trea- 
surer. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect, 
and  be  in  force  from  and  after  its  passage. 

Approved  November  6, 1861. 


AN  ACT  entitled  an  act  to  pay  G.  Cauffield  for  services  ren- 
dered as  a  Teacher. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  the  sum  of  two  hundred  and  sixty- 
seven  dollars  and  fifty  cents  be  allowed  to  G.  Cauffield,  a 
Teacher,  at  Boggy  Depot  neighborhood  school,  for  services 
rendered  in  the  aforesaid  capacity  from  17th  September,  1860, 
to  May  12, 1861. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
be  and  is  hereby  authorized  to  issue  warrant  for  the  above 
sum,  on  the  National  Treasurer,  to  be  paid  out  of  any  funds 
not  otherwise  appropriated. 

SEC.  3. — Be  it  further  enacted,-  That  this  act  take  effect, 
and  be  in  force  from  and  after  its  passage. 

Approved,  November  6,  1861. 


TO  THE  HONORABLE  MEMBERS  OF  THE  GENERAL  COUNCIL  OF 
THE  CHOCTAW  NATION  : 

Tour  committee,  to  whom  was  referred  the  matter  in  ref- 
erence to  the  expenditures  of  Armstrong  Academy,  beg  leave 
to  report  that  such  is  the  complication  of  the  whole  matter, 
that  they  are  unable  to  agree  on  the  subject,  and  would  re- 


CHOCTAW   XATIOX.  361 

commend  that  whole  matter  be  referred  to  a  committee  of 
four,  who  shall  examine  into  the  whole  matter,  and  report  to 
the  next  General  Council,  and,  in  accordance  with  this  re- 
commendation, present  the  accompanying  bill,  and  beg  leave 
to  be  relieved  from  serving  further. 


AN  ACT  assuming  certain  debts  on  account  of  the  buildings 
of  Armstrong  Academy,  and  to  appoint  a  committee  to  in- 
vestigate the  financial  condition  of  said  institution. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Nation  hereby  assumes  the  follow- 
ing debts  for  the  building  of  said  Academy :  to  Charles  Spar- 
row, the  sum  of  three  thousand  eight  hundred  and  eighty-six 
dollars  ($3,886  00) ;  to  Bowers  &  Stephens,  the  sum  of  one 
thousand  six  hundred  dollars  ($1,600  00) ;  to  John  W.  Berne, 
the  sum  of  four  hundred  and  seven  dollars  ($407  00) ;  to 
Jones  &  Thebo  the  sum  of  three  hundred  and  seventy-four 
dollars  and  sixty-seven  cents  ($374  67).  And  the  Auditor  be 
required  to  issue  his  warrant  to  said  parties  for  said  amounts, 
and  that  the  Treasurer  pay  the  same  out  of  any  moneys  in 
his  hands  not  otherwise  appropriated,  and  should  there  not 
now  be  funds  in  the  hands  of  the  treasurer,  not  otherwise 
appropriated,  then  the  treasurer  shall  pay  said  amounts  out 
of  the  first  funds  that  may  come  into  his  hands. 

SEC.  2. — Be  it  further  enacted,  That  a  Special  Committee 
of  four  be  appointed  by  the  Speaker  of  the  House  and  Presi- 
dent of  the  Senate,  whose  duty  it  shall  be  to  investigate  the 
financial  condition  of  said  institution,  the  amount  of  money 
received  from  the  Nation  by  "Wm.  B.  Baker  and  Kobert  Nail 
for  building  said  Academy,  how  the  same  had  been  expend- 
ed, and  that  said  Baker' and  Nail  be  required  to  produce  the 
necessary  legal  vouchers  for  all  moneys  expended  by  them  in 
said  building ;  and  that  said  committee  be  further  authorized 


362  LAWS  OF  THE 

and  empowered  to  take  all  necessary  steps  to  secure  the 
property  belonging  to  said  institution,  and  to  dispose  of  all 
such  property  as  may  not  be  required  for  the  use  of  the  Na- 
tion, and  apply  the  proceeds  arising  from  such  sale  to  any 
other  debts  that  may  be  allowed  by  said  committee  against 
said  Academy,  and  make  a  full  report  of  their  proceedings 
to  the  next  session  of  the  General  Council. 

SEC.  3. — Be  it  further  enacted,  That  this  act  be  in  force 
from  and  after  its  passage,  and  all  other  acts  come  in  con- 
flict with  this  act  be,  and  the  same  are  hereby  repealed. 

Approved  November  7,  1861. 


To  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  OF  THE 
GENERAL  COUNCIL  OF  THE  CHOCTAW  NATION. 

The  undersigned  joint  committee  of  the  Senate  and  House 
on  finance,  beg  leave  to  report  that  they  have  had  the  report 
of  the  Treasurer  and  Auditor  under  consideration  and  find 
the  same  correct,  with  the  exception  of  warrant  No.  481, 
issued  and  paid  to  Josephus  Dotson  for  one  hundred  dollars, 
the  same  having  been  issued  without  authority  of  law  ;  they, 
therefore,  recommend  that  the  Auditor  be  required  to  pay 
said  sum  of  one  hundred  dollars  into  the  hands  of  the  Trea- 
surer, and  also  that  warrant  No.  270,  issued  to  said  Josephus 
Dotson  for  two  hundred  dollars  for  public  printing  which 
remains  unpaid,  and  as  the  services  had  never  been  per- 
formed, they  recommend  that  said  warrant  be  cancelled ;  and 
your  committee  report  the  accompanying  resolution  and 
recommend  its  passage. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Chootaw 
Nation  assembled,  That  the  Auditor  be  required  to  pay  over  to 
the  Treasurer  the  sum  of  one  hundred  dollars,  the  amount 
paid  to  Josephus  Dotson  on  warrant  No.  481,  the  same  hav- 
ing been  issued  by  the  Auditor  without  authority  of  law. 


CHOCTAW  NATION.  363 

SEC.  2. — Be  it  further  resdved,  That  warrant  No.  270, 
issued  to  Josephus  Dotson  for  two  hundred  dollars  for  pub- 
lic printing  be  cancelled,  as  the  services  were  not  performed 
by  said  Josephus  Dotson. 

SEC.  3. — Be  it  further  resdved,  That  said  Josephus  Dotson 
be  allowed  the  sum  of  ten  dollars  for  services  rendered  to  the 
joint  committee  at  the  called  session  in  January,  1861,  and 
that  the  Auditor  be  allowed  a  credit  on  said  sum  of  one  hun- 
dred dollars  required  of  him  to  be  paid  over  to  the  Treasurer 
for  this  amount. 

SEC.  4. — Be  it  further  resdved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  November  7,  1861. 


To  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  OP  THE 
GENERAL  COUNCIL  or  THE  CHOCTAW  NATION. 

The  undersigned  joint  committee  of  the  Senate  and  House 
on  finance,  beg  leave  to  report  that  they  have  had  the  report 
of  the  Principal  Chief  on  contingent  fund  under  consideration 
and  find  the  same  correct ;  and  your  committee  would  fur- 
ther state  that  the  Principal  Chief  has  spent  thirty-four  dol- 
lars and  fifty  cents  more  than  the  appropriation,  and  we 
would  suggest  the  propriety  of  allowing  said  sum  of  thirty- 
four  dollars  and  fifty  cents  to  the  Principal  Chief  ;  and  your 
committee  beg  leave  to  be  discharged  from  further  duty  in 
this  respect.  Therefore, 

SEC.  1. — Be  it  resdved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  report  of  the  Principal  Chief  of 
the  current  expenses  of  the  contingent  fund  proper,  is  hereby 
accepted. 

SEC.  2.— Be  it  further  resdved,  That  the  sum  of  thirty-four 
dollars  and  fifty  cents  is  hereby  allowed  to  the  Principal 
Chief. 


364  LAWS  OF  THE 

SEC.  3. — Be  it  further  resolved,  That  that  the  National  Au- 
ditor is  hereby  required  to  issue  his  warrant  on  the  National 
Treasury,  and  the  National  Treasurer  is  hereby  required  to 
pay  the  same. 

SEC.  4. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  7, 1861. 


AN  ACT  entitled  an  act  proposing  an  amendment  to  the  Con- 
stitution of  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  section  13th  of  article  5th,  of  the  Con- 
stitution of  the  Choctaw  Nation  be,  and  is  hereby  amended 
so  as  to  read  as  follows  :  The  National  Secretary,  National 
Treasurer,  National  Auditor,  and  National  Attorney,  shall  be 
elected  by  the  qualified  electors  of  this  Nation,  who  shall 
hold  their  offices  for  the  term  of  two  years,  and  until  their 
successors  are  elected  and  qualified,  unless  sooner  removed  ; 
and  they  shall  perform  such  duties  as  may  be  prescribed  by 
law. 

SEC.  2. — Be  it  further  enacted,  That  the  16th  section,  article 
3d,  of  the  Constitution  of  the  Choctaw  Nation,  is  hereby 
amended  so  as  to  read  as  follows  : 

The  seat  of  government  shall  be  permanently  fixed  at 
Armstrong  Academy,  and  shall  be  called  and  known  as 
Chahta  Tamaha  ;  and  the  first  and  all  future  sessions  of  the 
General  Council  shall  commence  on  the  first  Monday  in  Oc- 
tober, 1863,  each  and  every  year,  and  shall  bo  held  at  the 
Chahta  Tamaha  aforesaid. 

SEC.  3. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  National  Secretary  to  submit  the  above  proposed  amend- 
ments to  the  qualified  electors  of  the  Nation  at  least  feur 


CHOCTAW  NATION.  365 

months  preceding  next  general  election,  by  giving  public  no- 
tice of  the  same  throughout  the  Nation. 

SEC.  4. — Be  it  further  enacted,  That  at  said  election  those 
voting  for  the  above  and  foregoing  amendments  shall  en- 
dorse on  their  tickets,  "  for  the  amendments,"  those  opposed, 
"  against  amendments." 

SEC.  l>. — Be  it  further  enacted,  That  the  votes  on  said  amend- 
ments and  for  the  Principal  Chief  shall  be  recorded  on  the 
same  poll-book,  as  provided  by  the  laws  in  the  election  of 
Principal  Chief,  and  forwarded  as  the  Constitution  requires. 

SEC.  6. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  November  7,  1861. 


PASSED  AT  THE 
CALLED  SESSION  IN  FEBRUARY,  1862. 

Whereas,  we  have  heard  with  sorrow  of  the  death  of  A.  J, 
Loman.  the  son  of  our  highly  esteemed  friend  and  fellow- 
citizen,  Eastman  Loman  :  And  Whereas,  the  expression  of 
condolence  and  unfeigned  regret  of  the  Senate  and  House  of 
Eepresentatives  of  the  Choctaw  is  offered  to  their  bereave- 
ment. Therefore, 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assemlkd,  That  while  we  bow  to  the  mysterious  dis- 
pensations of  Providence  without  murmuring,  we  at  the  same 


366  LAWS  OF  THE 

time  must  permit  our  sympathies  to  follow  him  to  his  last 
place  of  rest. 

SEC.  2. — Be  it  further  resolved,  That  we  deeply  deplore  their 
loss  and  participate  with  them  in  their  bereavement. 

SEC.  3. — Be  it  further  resolved,  That  it  is  now  incumbent 
upon  us  to  express  our  feelings  in  consequence  of  the  absence 
of  the  father  of  the  deceased  on  a  mission  of  importance  to 
us  as  a  Nation  beyond  the  limits  of  this  Nation. 

SEC.  4. — Be  it  further  resolved,  That  a  copy  of  the  above 
resolutions  be  furnished  the  bereaved  family. 

Approved,  February  14,  1862. 


AN  ACT  entitled  an  act  authorizing  certain  persons  to  inves- 
tigate and  make  a  settlement  with  D.  H.  Cooper  for  cer- 
tain amount  of  money. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  Henry  N.  Folsom,  Treasurer,  and 
Albert  Pike  be  and  they  are  hereby  appointed  with  full 
power  and  authority  to  make  immediate  settlement  with 
D.  H.  Cooper  and  others,  in  regard  to  the  balance  of  moneys 
due  the  Choctaw  Nation,  arising  under  the  act  of  I860,  ap- 
propriating certain  amounts  of  money  for  the  relief  of  indi- 
gent Choctaws,  &c. 

SEC.  2. — Be  it  further  resolved,  That  the  said  Henry  N.  Fol- 
som and  Albert  Pike  is  hereby  clothed  with  full  and  ample 
power  to  take  such  measures  as  may  be  necessary  and  pro- 
per to  secure  to  the  Nation  the  payment  of  said  money  by 
the  parties  now  withholding  the  same,  and  to  execute  all  ne- 
cessary and  proper  receipts  and  acquittances  that  may  be 
necessary  and  right  on  the  part  of  the  Nation. 

SEC.  3. — Be  it  further  resolved,  That  the  foregoing  resolu- 
tions be  in  full  force  from  and  after  its  passage. 

Approved,  February  14,  1862. 


CHOCTAW  NATION.  367    ' 

Resolved  by  the,  Senate  and  House  of  Representatives  of 
the  Choctaw  Nation  in  General  Council  assembled,  That 
they  adjourn  to-day  at  eight  o'clock,  P.  M.,  this  February  14, 
1862. 

Approved,  February  14,  1862. 


ACTS   AND   KESOLUTIONS 

PASSED  BY  THE 
GENERAL  COUNCIL  AT  REGULAR  SESSION,  1862. 

KESOLUTIONS  appointing  Committees  from  each  House,  and 
prescribing  their  duties. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  joint  committee  of  three  be  ap- 
pointed from  each  house  of  the  General  Council  to  report 
upon  all  claims  submitted  to  the  General  Council,  to  be  termed 
and  styled,  Committee  on  Claims  and  Petitions,  Committee 
on  Principal  Chief's  Message,  Committee  on  Ways  and 
Means. 

Approved,  October  10,  1862. 


AN  ACT  entitled  an  act  appropriating  a  certain  sum  of  money 
to  V.  B.  Timms. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taio  Nation  assembled,  That  the  sum  of  twenty-four  dollars 
be  and  the  same  is  hereby  appropriated  out  of  any  money 
not  otherwise  appropriated,  to  pay  V.  B.  Timms  for  the  use 
of  his  house  as  a  National  Secretary's  office  from  October, 
1861,  to  October,  1862,  and  the  National  Auditor  is  hereby 


368  LAWS   OF   THE 

requested  to  issue  his  warrant  for  the  same  on  the  National 
Treasurer. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  15,  1862. 


AN  ACT  entitled  an  act  authorizing  the  Executive  to  appoint 
certain  persons  for  certain  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Executive  appoint  two  suitable 
persons  to  make  a  full  and  complete  settlement  with  the  pro- 
per representatives  of  the  American  Methodist  Missionary 
Board  in  all  matters  pertaining  to  the  New  Hope  and  Fort 
Coffee  Academies,  and  the  persons  appointed  shall  have  full 
power  to  receive  and  execute  proper  receipts,  &c.,  on  the 
part  of  the  Nation,  and  report  to  the  next  General  Council 
of  said  settlement. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  15,  1862. 


AN  ACT  entitled  an  act  locating  County  and  Circuit  Court 
ground  in  Skullyville  County,  and  Election  precinct. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  the  County  and  Circuit  Court  ground  of  Skullyville 
County  shall  be  and  is  hereby  located  at  the  town  of  Skully- 
ville, in  said  county. 

SEC.  2. — Be  it  further  enacted,  That  the  election  precinct 
now  held  at  Buck  Creek  shall  be  and  the  same  is  hereby  re- 
moved to  the  town  of  Skullyville. 


CHOCTAW   NATION.  369 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage,  and  that  all  other  acts 
coming  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

Approved,  October  16, 1862. 


Wliereas,  by  the  last  election  returns  it  is  shown  that  the 
proposed  amendments  to  the  Constitution  and  laws  were 
adopted  by  the  citizens  of  the  Choctaw  Nation,  on  Wed- 
nesday, the  16th  day  of  August,  1862,  as  required  by  the 
act,  submitting  the  same  to  the  consideration  of  the  voters 
of  the  Nation  ;  therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  amendments  so  adopted  are,  from 
and  after  the  passage  of  this  act,  considered  and  understood 
to  be  a  part  of  the  constitution  and  law  of  the  land,  and  shall 
be  incorporated  in  their  proper  place  in  the  constitution  and 
law  of  the  Nation. 

SEC.  2. — Be  it  further  enacted,  That  the  General  Council  of 
the  Choctaw  Nation  meet  this  day  at  five  o'clock  P.  M.,  Oct. 
18,  1862,  and  incorporate  the  said  amendment  above  re- 
ferred in  the  present  Constitution  of  the  Choctaw  Nation. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage,  and  that  all  other  acts 
coming  in  any  manner  in  conflict  with  the  provisions  of  this 
act,  are  hereby  repealed. 

Approved,  October  16,  1862. 


AN  ACT  entitled  an  act  increasing  the  pay  of  the  Journalist 
and  Clerks  of  the  General  Council. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
24 


370  LAWS  OF   THE 

Nation  assembled,  That  the  future  Journalist  and  Clerk  shall 
receive  for  their  services  four  dollars  per  day,  and  that  the 
act  approved  October  26,  1860,  allowing  the  journalist  three 
dollars  per  day  be  and  the  same  is  hereby  repealed,  and  that 
this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 
Approved  October  18,  1862. 


RESOLUTIONS  providing  to  elect  a  Printer  of  the  Choctaw 

Laws. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  tJie  Choctaiv 
Nation  assembled,  That  the  two  Houses  meet  in  the  Repre- 
sentative Hall  at  five  o'clock  p.  M.,  this  day,  October  18, 
1862,  to  elect  a  printer  of  the  Choctaw  laws,  &c.,  as  pre- 
: scribed  for  by  an  act  of  the  General  Council. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
•effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  18, 1862. 


AN  ACT  entitled  an  act  giving  powers  to  District  Chief. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  each  District  Chief  shall  be  within  his 
district  a  general  conservator  of  the  peace,  and  for  this  pur- 
pose he  shall  have  power  to  appoint  a  sufficient  number  of 
light-horse,  men  in  their  respective  districts,  to  wit  :  In 
Apukshunnubbee  District,  Towson,  Red  River,  Boktuklo, 
Eagle,  Nashoba,  Wade,  and  Cedar  Counties,  one  light-horse 
man  each. 

In  Pushamataha  District,  Kiamichi,  Atoka,  Jack's  Fork, 
and  Blue  Counties,  one  light-horseman  each. 

In  Mosholatubbee  District,  Skullyville,  Sugar  Loaf,  Sans 
Bois,  Gaines  and  Tobucksy  Counties,  one  light-horse  man  each. 


CHOCTAW   NATION.  371 

And  see  that  the  laws  are  faithfully  executed,  especially, 
"  an  act  entitled  an  act,"  to  prevent  the  introduction  and  use 
of  intoxicating  liquors  in  the  Choctaw  Nation,  executed  by 
the  proper  officers  having  charge  of  them,  and  report  to  the 
Principal  Chief  for  the  information  of  the  General  Council 
any  failure  occurring  therein ;  he  shall  recommend  to  him  from 
time  to  time  any  matter  for  the  general  good  ;  and  when  the 
Principal  Chief  shall  deem  it  proper  and  expedient,  and  shall 
give  them  written  notice  of  the  time  and  place  of  meeting, 
they  shall  compose  an  Executive  Council  to  furnish  any  de- 
sired information  respecting  their  several  districts. 

SEC.  2. — Be  it  further  enacted,  That  Section  second  of  "  an 
act  entitled  an  act  to  define  the  duties  of  the  District  Chief 
of  the  Choctaw  Nation,"  be  and  the  same  is  hereby  repealed, 
and  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  October  20, 1862. 


AN  ACT  entitled  an  act  to  elect  a  printer. 

SEC.  1. — Be  it  enacted,  by  the  General  Council  of  the  Choctaw 
Notion  assembled,  That  the  General  Council  in  joint  session 
shall  elect  one  suitable  person,  citizen  of  the  Nation,  to  com- 
pile and  print  all  the  Constitution,  Laws  and  Resolutions, 
and  all  other  documents  proper  to  be  printed  for  the  benefit 
of  the  Choctaw  people  to  be  embodied  in  one  book  with  com- 
plete index  and  marking  the  repealed  laws  so  that  the  same 
can  be  fully  understood,  after  which  he  shall  employ  some 
suitable  and  competent  person  to  translate  the  same  into  the 
Choctaw  language,  of  which  five  hundred  copies  shall  be 
printed  in  each  language. 

SEC.  2.— Be  it  further  enacted,  That  the  sum  of  twelve  hun- 
dred dollars  shall  be  and  is  hereby  appropriated  out  of  any 
money  in  the  National  Treasury,  not  otherwise  appropriated, 


372  LAWS   OF   THE 

to  pay  the  person  so  elect  for  the  services  thus  rendered,  pro- 
vided, he  shall  not  receive  any  part  of  the  said  sum  until  the 
work  is  completed. 

SEC.  3. — Be  it  further  enacted,  That  from  and  after  the  pas- 
sage of  this  act,  the  person  elect  shall  be  authorized  to  call 
upon  any  of  the  National  officers  for  the  original  bills  and 
wanted  for  publication  and  execute  his  receipt  for  the  same. 

SEC.  4. — Be  it  further  enacted,  That  as  soon  as  the  work  is 
done,  the  same  shall  be  sent  to  the  capital  of  the  Nation  for 
the  Principal  Chief  to  distribute  among  the  National  and 
County  officers  and  the  members  of  the  General  Council,  etc. 

SEC.  5. — Be  it  further  enacted,  That  the  Principal  Chief 
shall,  on  reception  of  the  books  issued,  issue  his  certi- 
ficate to  the  National  Auditor,  who  will  issue  to  person  elect 
his  warrant  upon  the  National  Treasurer  for  the  sum  above 
specified,  which  said  warrant  the  National  Treasurer  is  hereby 
authorized  to  pay. 

SEC.  6. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  18, 1862. 


AN  ACT  entitled  an  act  payment  made  to  James  Biley  a  cer- 
tain sum  of  money. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  fifteen  dollars  be  and  the 
same  is  hereby  appropriated  out  of  any  moneys  in  the  Na- 
tional Treasury  not  otherwise  appropriated,  to  pay  James 
Eiley  for  three  days'  copying  the  acts  and  resolutions  of  the 
General  Council  of  the  year  1862. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  October  21, 1862. 


CHOCTAW  NATION.  373 

AN  ACT  entitled  an  act  to  pay  certain  persons  for  services 

rendered. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  sixty-nine  dollars  is  appro- 
priated to  pay  Forbis  Leflore  ;  thirty-six  dollars  to  pay  G. 
W.  Harkins ;  seventy -five  dollars  to  J.  P.  Folsom,  and 
seventy-two  dollars  to  pay  Fransua  Battiest  as  committee  in 
the  matter  of  the  settlement  with  the  Armstrong  Academy, 
and  the  National  Auditor  is  hereby  authorized  to  issue  his 
warrant  in  favor  of  the  parties  above-named. 

SEC.  2. — Be  it  further  enacted.  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  22, 1862. 


AN  ACT  entitled  an  act  designating  the  time  and  manner  of 
holding  the  election  for  certain  officers  therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  first  election  for  National  Secretary, 
National  Treasurer,  National  Auditor,  and  National  Attorney 
as  required  by  the  present  amendment  to  the  Constitution 
shall  be  general  throughout  the  Nation  and  shall  be  held  on 
the  first  Wednesday  in  August,  1863,  and  conducted  in  the 
same  manner  and  at  the  same  time  and  places  as  prescribed 
by  the  Constitution  and  election  laws  of  this  Nation,  and 
election  for  the  above  offices  shall  be  held  every  two  years 
thereafter. 

SEC.  2. — Be  it  further  enacted,  That  the  votes  for  National 
Secretary,  National  Treasurer,  National  Auditor,  and  Na- 
tional Attorney  shall  be  placed  upon  separate  poll-books, 
one  of  which  shall  be  deposited  in  the  County  Clerk's  office 
as  other  poll-books  are  required  to  be,  and  one  of  which  poll- 
books  shall  be  transmitted  to  the  Supreme  Judge,  who  shall 
transmit  the  same  to  the  National  Secretary  to  be  by  him 


874  LAWS  OF  THE! 

safely  kept  until  the  next  session  of  the  General  Council, 
when  the  same  shall  be  handed  to  the  Speaker  of  the  Ho»se 
of  Representatives,  who  shall  count  the  legal  votes  in  the 
presence  of  both  houses  of  the  General  Council,  and  there 
declare  the  candidate  having  the  highest  number  of  votes 
elected,  who  shall  be  commissioned  and  qualified  as  other 
national  officers  are  required  to  be. 

SEC.  3. — Be  it  further  enacted,  That  the  Principal  Chief 
shall  issue  his  proclamation  calling  upon  the  voters  of  the 
Nation  to  vote  for  the  officers  above  named  on  the  day  and 
in  the  manner  specified  for  the  election  of  members  to  the 
House  of  Eepresentatives. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in' force  from  and  after  its  passage,  and  all  other  acts 
or  parts  of  acts  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act  be,  and  the  same  are  hereby  repealed. 

Approved,  October  20, 1862. 


WJiereas,  the  General  Council  in  October,  1861,  assumed 
the  debts  due  for  the  building  of  Armstrong  Academy,  in- 
tending thereby  particularly  to  pay  the  amounts  which  were 
due  to  the  mechanics  for  labor  on  said  building. 

And,  whereas,  it  appears  that  in  stating  the  account  of 
Messrs  Bowers  &  Stephens  of  Clarksville,  Texas,  there  oc- 
curred an  omission  of  fifty-five  dollars,  their  account  being 
sixteen  hundred  and  fifty-five  dollars  ($1,655),  and  the 
amount  appropriated  being  only  sixteen  hundred  dollars. 
Therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  fifty-five  dollars  be,  and  the 
same  is  hereby  appropriated  to  liquidate  in  full  the  claim  of 
said  Bowers  &  Stephens,  and  that  the  National  Auditor  of 
the  Choctaw  Nation  is  hereby  authorized  to  issue  his  warrant 
on  the  National  Treasurer  for  that  amount  in  favor  of  said 
Bowers  &  Stephens. 


CHOCTAW  NATION.  375 

SEC.  2.— Be  it  further  enacted,    That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage 

Approved,  October  21,  1862. 


KESOLUTIONS  authorizing  George  Folsom  to  appoint  some 
person  to  clean  the  capitol. 

SEC.  1. — Be  it  resolved'  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  Col.  George  Folsom  is  hereby  author- 
ized to  appoint  some  suitable  person  to  take  care  of  the  Capi- 
tol, and  have  the  same  neatly  cleaned  and  taken  care  of  until 
the  next  session  of  the  General  Council. 

SEC.   2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  October  22, 1862. 


AN  ACT  appropriating  a  payment  for  certain  persons. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  the  sum  of  two  thousand  two  hundred 
and  eighty-two  dollars  and  thirty-one  cents  ($2,282  31-100) 
is  hereby  appropriated  out  of  any  money  in  the  National 
Treasury  not  otherwise  appropriated  to  pay  the  following 
persons  the  amounts  that  are  opposite  to  each  name,  and  the 
National  Auditor  is  hereby  authorized  to  issue  his  warrant 
upon  the  National  Treasurer  for  the  amount  above  specified, 
to  wit : 

Jonathan  Nail,  $85 ;  Tanapiahumma,  $390 ;  J.  C.  Fuller, 
$145  ;  Nunly  and  Buffer,  $455  80 ;  J.  B.  Russell,  $265  75 ; 
C.  C.  Alexander,  $91  65  ;  W.  W.  Boyd,  $375  14  ;  M.  C. 
Campbell,  $161  62  ;  Molsey  Colbert,  $66  75  ;  David  Holmes, 


376  LAWS  OF  THE 

$18  ;  T.  J.  Bond,  $29  ;  Hoate,  $30  ;  Israel  Folsom,  $101  34 ; 
H.  Frieze,  $50  ;  William  Roebuck,  $16  60. 

Approved  October  22,  1862. 


We,  your  Committee,  to  whom  was  referred  the  examina- 
tion of  the  books  of  the  National  Treasurer,  Henry  Folsom, 
and  J.  M.  Nail,  Auditor,  would  beg  leave  to  report  to  your 
honorable  body  that  we  find  the  condition  of  the  books  of 
such  a  character  that  it  is  entirely  out  of  our  power  to  ex- 
amine the  same  in  the  time  we  now  have ;  so  far  as  our  ex- 
amination has  gone,  it  is  not  satisfactory  to  us  in  the  least, 
and  we  recommend  the  passage  of  resolutions  requiring  the 
books  of  both  Auditor's  and  Treasurer's  filed  in  the  National 
Secretary's  office,  with  all  the  vouchers  and  accompanying 
papers,  etc. ;  and  that  the  National  Secretary  be  authorized 
to  employ  some  suitable  accountant  to  examine  and  fully 
compare  the  books  above  referred  to,  and  also  the  books  of 
John  Page  and  W.  B.  Pitchlynn,  former  National  Treasurer 
and  Auditor,  all  of  which  is  respectfully  submitted,  and  we 
beg  leave  to  be  discharged  from  further  labor  in  this  behalf. 
Therefore, 

,  SEC.  1. — Be  it  resdved  ly  the  General  Council  of  tlie,  Choctaw 
Nation  assembled,  That  the  National  Secretary  is  hereby  au- 
thorized and  required  to  employ  some  good  accountant  to 
examine  the  National  Treasurer,  Henry  Folsom's  books,  and 
the  books  of  J.  M.  Nail,  Auditor,  and  also  the  books  of  John 
Page  and  W.  B.  Pitchlynn,  former  Treasurer  and  Auditor 
for  the  Nation,  and  report  the  same  to  the  next  General 
Council  with  the  amount  expended  in  this  behalf,  etc. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  22,  1862. 


CHOCTAW  NATION.  377 

AN  ACT  entitled  an  act  to  pay  Wade  Hampton  for  services 
rendered  as  Circuit  Clerk. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  twenty  dollars  is  hereby 
appropriated  to  pay  Wade  Hampton,  Circuit  Clerk  of  Sans 
Bois  county,  for  services  rendered  in  the  year  1859,  and  the 
National  Auditor  is  hereby  authorized  to  issue  his  warrant 
upon  the  National  Treasurer  for  the  same. 

SEC.  2. —  Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  22, 1862. 


ACTS  AND  RESOLUTIONS 

PASSED   AT   THE 
CALLED  SESSION,  FEBRUARY,  1863. 

AJST  ACT  requiring  the  Probate  Judges  of  this  Nation  to  en- 
force a  certain  important  law  so  much  neglected. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  each  of  the  Probate  Judges  of  this 
Nation  is  hereby  directed  to  exact  that  part  of  the  law  ap- 
proved at  the  session  fourteen,  requiring  the  guardian  for 
orphan  minors  to  give  a  fair  and  full  statement  annually  of 
the  condition  of  all  and  each  kind  of  property  placed  in  his 
hands,  and  the  same  be  put  on  record  as  aforesaid,  so  that 
the  property  may  not  be  wasted  or  squandered. 

SEC.  2.  —  Be  it  further  enacted,  That  the  Principal  Chief 
of  this  Nation  is  hereby  requested  to  issue  his  proclamation 
to  each  of  the  Probate  Judges  in  the  several  counties  of  this 


378  LAWS  OF  THE 

Nation,  commanding  them  to  enforce  the  law  above  cited 
without  delay,  by  enclosing  a  copy  of  this  act  in  such  procla- 
mation. 

SEC.  3. — Be  it  further  enacted,  That  if  any  and  all  guardians 
who  are  now  or  may  be  hereafter  guardians,  refusing  to  obey 
or  neglecting  to  comply  with  the  law  referred  to,  shall  be 
promptly  dealt  with,  to  the  full  extent  of  the  law,  and  be  de- 
prived of  the  guardianship. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  February  17,  1863. 


AN  ACT  entitled  an  act  removing  to  and  locating  the  county 
seat  of  Blue  County  at  Chahta  Tamaha. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  county  seat  of  Blue  County,  Choc- 
taw  Nation,  is  hereby  removed  to  and  located  at  Chahta 
Tamaha  of  said  county,  and  that  the  school-house  in  the  same 
shall  be  used  as  court-house,  in  which  the  Circuit,  County 
and  Probate  Courts  of  the  county  aforesaid  shall  be  held. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts 
heretofore  passed  in  any  manner  coming  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed,  and  that  this  act 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  18,  1863. 


AN  ACT  entitled  an  act  repealing  certain  laws. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Ch 
Nation  assembled,  That  the  law  passed  Session  21,  Section  25, 
conferring  citizenship  and  all  the  rights,  privileges,  and  im- 
munities of  the  Choctaw  citizen  granted  to  J.  P.  Kingsbury 


CHOCTAW  NATION.  379 

and  wife  Hannah  Maria  be  and  the  same  is  hereby  repealed, 
and  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  19,  1863. 


AN  ACT  entitled  an  act  annulling  all  permits  heretofore 
granted  to  white  men  to  live  in  this  Nation  and  require  of 
them  the  same  axumally. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  permits  heretofore  granted  to 
white  men  to  live  in  this  Nation  are  hereby  declared  null  and 
void. 

SEC.  2. — Be  it  further  enacted,  That  each  and  every  white 
man  living  in  this  Nation  under  permits  is  hereby  required  to 
renew  their  permits  in  forty  days  after  the  passage  of  this 
act,  and  renew  the  same  annually,  and  that  white  men  living 
in  the  said  Nation  without  permits  are  hereby  required  to  get, 
within  the  above  time,  permits  upon  written  recommendation 
from  at  least  seven  good  and  responsible  householders  in  the 
neighborhood  where  the  petitioner  may  wish  to  remain. 

SEC.  3. — Be  it  further  enacted,  That  the  Principal  Chief  is 
fully  authorized  and  empowered  to  give  permits  until  the 
next  regular  Session  of  the  General  Council,  after  which  time 
pei  .:,its  shall  be  granted  by  an  act  of  the  General  Council  of 
this  Nation. 

SEC.  4. — Be  it  further  enacted,  That  the  Principal  Chief  of 
this  Nation  is  hereby  required  to  command  the  sheriff,  light- 
horse  men  in  the  several  counties  of  this  Nation  to  remove  all 
white  men  who  fail  to  get  permits  within  forty  days  specified 
above  from  the  limits  of  this  Nation. 

SEC.  5. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  19,  1863. 


380  LAWS  OP  THE 

AN  ACT  entitled  an  act  appropriating  three  hundred  and  six- 
teen dollars  and  sixty  cents  for  payment  of  National  officers 
hereafter  specified. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum.  of  three  hundred  and  six- 
teen dollars  and  sixty  cents  is  hereby  appropriated  out  of  any 
money  belonging  to  the  Nation  not  otherwise  appropriated, 
for  back  pay  of  members  of  the  General  Council,  convened 
at  Doaksville  by  the  Principal  Chief,  on  the  19th  day  of  De- 
cember, 1862,  and  that  the  National  Auditor  is  hereby  re- 
quired to  issue  his  warrant  on  the  National  Treasurer  for  the 
same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  February  19,  1863. 


RESOLUTION  giving  an  additional  per  diem  to  ^he  Principal 
Chief  and  the  members  of  the  present  General  Council  and 
officers. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  additional  sum  of  three  dollars  per 
day  be  allowed  to  the  Principal  Chief  and  each  of  the  mem- 
bers of  the  present  Council  and  its  officers  for  this  time  only, 
and  the  National  Auditor  is  hereby  directed  to  issue  his  war- 
rant upon  the  National  Treasury  for  the  same,  provided  that 
this  resolution  shall  not  be  so  construed  as  to  allow  the  Execu- 
tive and  said  members  and  officers  such  pay  at  any  future 
Session  of  the  Council,  and  that  this  resolution  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  February  19,  1863. 


CHOCTAW  NATION.  381 

AN  ACT  entitled  an  act  supplementary  to  an  act  requiring 
the  issue  of  Treasury  warrants  of  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  the  said  Nation 
is  hereby  requested  to  issue  only  so  much  of  the  Treasury 
warrants  of  the  said  Nation  as  he  shall  deem  ample  and  suf- 
ficient to  meet  the  wants  and  convenience  of  the  people  and 
withhold  the  remainder  thereof  entirely  or  issue  such  remain- 
der to  the  people,  should  it  be  made  necessary  by  the  failure 
of  crops. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  February  20,  1863. 


AN  ACT  entitled   an   act  appropriating  money  to  have  the 
Capitol  washed  and  cleaned. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  thirty  dollars  is  hereby 
appropriated  out  of  any  money  belonging  to  the  Nation  not 
otherwise  appropriated,  for  the  purpose  of  having  the  Capi- 
tol washed  thoroughly  immediately  after  the  adjournment  of 
this  Council,  and  that  when  washed  it  is  hereby  required  the 
said  Capitol  to  be  closed  up  and  locked,  and  the  National 
Auditor  is  required  to  issue  his  warrant  therefor. 

SEC.  2. — Be  it  further  enacted,  That  Impson  Jones  is  hereby 
required  to  wash  out  the  Capitol  and  strictly  obey  the  above 
requirement,  and  that  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  February  20, 1863. 


A  RESOLUTION  for  the  adjournment  of  the  General  Council  of 
the  Choctaw  Nation. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  tJie  Choctaw 


382  LAWS   OF  THE 

Nation  assembled,  That  this   Council   adjourn   a!:    5  o'clock 
P.  M.,  on  the  20th  day  of  February,  1863,  and  that  this  resolu- 
tion shall  take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  February  20,  1863. 


ACTS   AND    KESOLUTIONS 

PASSED  AT  THE 

REGULAE    SESSION,    OCTOBER,    1863. 

AN  ACT  entitled  an  act  removing  the  election  precinct  in 
Kiamichi  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  the  election  precinct  of  Kiamichi 
County,  known  as  the  election  ground  of  Oktak  Falaya,  be 
removed  from  said  place  to  one  mile  north  east  to  Oka  Yan- 
alli,  and  that  all  acts  coming  in  any  manner  in  conflict  with 
this  act  be  repealed,  and  that  this  act  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved  October  9,  1863. 


AN  ACT  entitled  an  act  giving  certain  National  officers  the 
same  per  diem  as  members  of  the  General  Council. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  the  present  National  officers  coming 
into  office  shall  receive  the  five  dollars  per  day,  as  the  mem- 
bers composing  the  present  Council  to  defray  their  expenses, 
and  that  the  National  Auditor  is  hereby  authorized  to  issue 
his  warrant  on  the  National  Treasurer  for  the  same  ;  provided, 
to  commence  from  the  day  of  their  qualification  in  office. 


CHOCTAW  NATION  383 

SEC.  2. — Be  itfurtner  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage 

Approved  October  10, 1863. 


AN  ACT  entitled  an  act  to  clean  the  Capitol,  employing  some 
one  to  take  charge  of  the  same,  and  renting  the  outbuild- 
ings and  farm. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  National  Capitol  be  scrubbed  and 
cleaned  immediately  after  the  present  session  of  the  General 
Council,  and  close  the  doors,  and  keep  them  locked,  to  pre- 
vent abuses  by  promiscuous  assemblages  or  gatherings,  and 
latches  and  hooks  be  procured  for  fastening  the  windows  for 
the  same. 

SEC.  2. — Be  it  further  enacted,  That  the  President  of  the 
Senate  is  hereby  empowered  to  employ  some  one  to  take 
charge  of  the  Capitol  for  the  term  of  one  year,  to  be  renewed 
yearly  thereafter,  with  strict  orders  to  keep  out  horses,  oxen, 
wagons,  hogs,  etc.,  and  also  to  prohibit  camping  within  the 
enclosure,  and  whose  duty  will  be  also  to  see  that  the  fences 
are  kept  in  good  repair. 

SEC.  3. — Be  it  further  enacted,  That  the  outbuildings  with- 
in the  Capitol  enclosure,  and  the  farm  attached,  be  rented  to 
the  highest  bidder  on  the  last  day  of  the  General  Council  of 
the  present  session,  for  the  year  1864,  to  be  renewed  yearly 
thereafter  until  otherwise  changed  by  law. 

SEC.  4. — Be  it  fiLrther  enacted,  That  the  parties  renting  the 
same  be  required  to  enter  into  good  and  sufficient  bond  and 
security,  that  they  will  take  good  and  proper  care  of  the 
buildings  and  grounds  adjoining,  and  that  they  will  keep  the 
farm  in  good  repair. 

SEC.  5. — Be  it  further  enacted,  That  the  sufficiency  of  the 
bond  shall  be  determined  by  the  President  of  the  Senate,  and 


384  LAWS   OF   THE 

the  proceeds  of  such  rent  shall  be  collected  by  the  Sheriff  of 
Blue  County,  and  be  turned  over  to  the  National  Treasurer. 

SEC.  6. — Be  it  further  enacted,  That  to  meet  the  expenses 
incurred  in  cleaning  the  Capitol  and  purchasing  and  putting 
on  the  latches,  etc.,  the  sum  of  one  hundred  dollars  be  and 
the  same  is  hereby  appropriated  out  of  the  National  Treasury, 
which  sum  the  National  Auditor  is  ordered  to  issue  his  war- 
rant on  the  Treasurer,  upon  the  certificate  of  the  National 
Secretary,  when  the  work  shall  have  been  accomplished. 

SEC.  7. — Be  it  further  enacted,  That  the  person  employed 
to  take  charge  of  the  Capitol  shall  receive  the  sum  of  fifty 
dollars  upon  the  certificate  of  the  National  Secretary. 

SEC.  8. — Be  it  further  enacted,  That  all  acts  and  parts  of 
acts  heretofore  passed,  in  any  manner  coming  in  conflict  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re- 
pealed. 

SEC.  9. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  10, 1863. 


BESOLUTION  providing  an  additional  pay  to  the  members  of 
the  Council. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  additional  sum  of  five  dollars  per 
day  be  and  is  hereby  allowed  to  each  member  of  the  present 
General  Council  and  its  officers  ;  provided,  that  this  resolu- 
tion shall  not  be  so  construed  as  to  allow  said  members  and 
its  officers  such  pay  at  any  future  session  of  the  Council,  and 
the  National  Auditor  is  hereby  authorized  and  directed  to 
issue  his  warrant  upon  the  National  Treasurer  for  the  amount 
of  such  per  diem,  and  that  this  resolution  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  October  9,  1863. 


CHOCTA'W   NATION.  385 

Atf  ACT  entitled  an  act  appropriating  moneys  to  certain  per- 
sons therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sum  of  two  hundred  and  thirty- 
one  dollars  and  eighty  cents  be  appropriated  out  of  any 
money  in  the  Treasury,  not  otherwise  appropriated,  to  pay 
members  of  the  Senate  and  House  of  Eepresentatives  to  the 
called  session  of  the  Choctaw  Council,  September  14,  1863, 
to  wit : 

Campbell  Leflore,  $33  50  ;  Zedoc  Harrison,  $10  50 ;  Wil- 
liam Simpson,  $7  00  :  James  Isaac,  $9  00  ;  Pistambe,  $20  00  ; 
Coleman  E.  Nelson,  $9  80 ;  Jackson  M'Curtain,  $27  00  ; 
Wallace  Leflore,  $20  00 ;  John  Anderson,  $13  00 ;  Shoney, 
$12  80;  James  Thompson,  $28  00;  Elikanchetubbee,  $13  20; 
Willis  Hoyabee,  $12  00 ;  Leonidas  D.  Garland,  $15  00,  and 
the  National  Auditor  is  hereby  authorized  to  issue  his  war- 
rant upon  the  National  Treasurer  for  the  same. 

SEC.  2. — Be  it  further  enacted.  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  October  9, 1863. 


An  ACT  entitled  an  act  legalizing  the  heirs  of  Curtis  Grubbs 
and  Elizabeth  McLaughlin. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  the  children  of  Curtis  Grubbs  and  Eliza- 
beth McLaughlin  are  hereby  rendered  and  made  legal  and 
legitimate  children  of  the  said  parties  in  as  full  and  efficient 
manner  as  if  the  same  had  been  in  legal  wedlock. 

SEC.  2.— Be  it  further  enacted,  That  said  children— Mary 
Jane,  Benjamin  Forbis  and  Kobert  Grubbs,  the  issue  of  Cur- 
tis Grubbs  and  Elizabeth  McLaughlin— are  hereby  rendered 
capable  in  law  to  inherit,  take  and  receive  any  property  or 

85 


386  LAWS  OF  THE 

profit  that  they  might  or  could  have  done  were  they  born  in 
legal  wedlock. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  8,  1863. 


RESOLUTION  appropriating  moneys  to  Hotema  for  services 

rendered. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  eight  dollars  is  hereby  ap- 
propriated to  Hotema  and  others  for  storing  away  the  Na- 
tional Library,  out  of  any  funds  not  otherwise  appropriated, 
and  the  National  Auditor  is  hereby  authorized  to  issue  his 
warrant  for  the  same,  and  that  this  act  take  effect,  and  be  in 
:  force  from  and  after  its  passage. 

Approved  October  10, 1863. 


.RESOLUTION  granting  permission  to  Dr.  L.  A.  Peters  to  re- 
main in  the  Nation. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
.  Nation  assembled,  That  Dr.  L.  A.  Peters  be  and  is  hereby  per- 
mitted to  remain  in  this  Nation  for  the  purpose  of  practicing 
medicine,  until  the  next  general  council,  if  he,  so  long  as  he 
may  remain,  demean  himself  in  a  quiet  and  peaceable  manner, 
and  that  this  resolution  take  effect,  and  be  in  force  from  and 
after  its  passage. 

Approved  October  8, 1863. 


AN  ACT  entitled  an  act  authorizing  for  a  payment  of  some 
money  to  Campbell  Leflore. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Chortaw 


CHOCTAW   XATION.  387 

Nation  assembled,  That  the  sum  of  two  hundred  dollars  be, 
and  the  same  is  hereby  appropriated  out  of  any  funds  in  the 
National  Treasury,  not  otherwise  appropriated,-  to  pay  Camp- 
bell Leflore  for  collecting,  safely  keeping,  and  transmitting 
to  the  Capitol  the  national  books  and  papers  heretofore  been 
in  the  vicinity  of  Skullyville,  and  the  National  Auditor  is 
hereby  authorized  to  issue  his  warrant  upon  the  National 
Treasury  for  the  same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  10,  1863. 


ADJOURNMENT. 


Be  it  resolved,  by  the  General  Council  of  the  Choctaw  Nation  as- 
sembled, That  the  Council  adjourn  to-morrow,  at  twelve  o'clock, 
M.,  October  10,  1863. 

Approved  October  9,  1863. 


AN  ACT  to  recall  certain  Funds,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  so  much  of  the  twenty-five  thousand 
dollars  appropriated  at  the  October  Session,  1862,  to  relieve 
the  suffering  Choctaw  citizens,  and  not  expended,  as  required 
by  law,  be  collected  up  and  held  in  the  hands  of  the  Principal 
Chief  until  the  next  session  of  the  General  Council,  subject 
to  their  legislation. 

SEC.  2. — Be  it  further  enacted,  That  the  Principal  Chief 
make  a  due  and  full  report  of  the  amount  and  manner  in 
which  said  funds  has  been  expended,  &c. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  13, 1863. 


388  LAWS   OF  THE 

AN  ACT  granting  a  permit  to  Newton  Smith,  a  blacksmith 

by  trade. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Newton  Smith,  of  Kiamichi  County, 
having  filed  his  petition  with  the  Principal  Chief,  for  a  per- 
mit to  remain  in  the  Nation,  at  J.  C.  Caffrey's,  to  work  at  his 
trade,  and  the  Chief  having  given  him  such  permit  to  expire 
at  the  present  Council ;  therefore, 

SEC.  2. — Be  it  enacted  by  tJie  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  a  permit  is  hereby  granted  to  Newton 
Smith,  above  named,  to  remain  in  this  Nation  to  work  at  his 
trade  for  the  space  of  twelve  months,  provided  he  properly 
demean  himself  during  that  time. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  13,  1863. 


AN  ACT  entitled  an  act  locating  the  Circuit,  County  and  Pro- 
bate Courts,  and  Election  precincts  in  Atoka  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Circuit,  County  and  Probate 
Courts  in  Atoka  County,  shall  be  held  at  the  spring,  about 
three  quarters  of  a  mile  northwest  of  Mrs.  Flack's,  and  shall 
be  known  as  Nanih  Bouboka  Court  Ground. 

SEC.  3. — Be  it  further  enacted,  That  there  shall  be  two  elec- 
tion precincts  in  the  said  county — one  at  William  Pisata- 
bee's  Spring,  and  the  other  at  Haiyep  Chito. 

SEC.  3. — Be  it  further  enacted,  That  all  acts  and  parts  of 
acts,  heretofore  passed,  in  any  manner  coming  in  conflict 
with  this  provision  are  hereby  repealed. 

SEC.  4. — That  this  act  take  effect  and  be  in  force  from  and 
.after  its  passage. 

Approved  October  13,  1863. 


CHOCTAW  NATION.  389 

AN  ACT  entitled  an  act  for  the  relief  of  Impson  Jones. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  amount  of  one  hundred  bushels 
of  corn,  collected  by  Impson  Jones,  of  persons  renting  the 
farms  adjoining  the  Capitol  buildings,  shall  be  and  is  hereby 
allowed  the  said  Impson  Jones  for  his  services  rendered  in 
the  superintending  the  same,  and  provided  he  accounts  to 
the  Nation  for  all  other  amounts  in  his  .hands  owing  to  and 
due  the  Nation. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  October  12,  1863. 


AN  ACT  to  pay  George  Folsom  for  taking  charge  of  the 
Capitol  building. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  fifty  bushels  of  the  rent  corn  for  the 
government  now  in  the  hands  of  the  agent,  Impson  Jones, 
be  paid  to  George  Folsom  for  his  services  in  taking  care 
of  and  superintending  the  corn  of  the  said  farm  and 
building. 

SEC.  2 — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  13, 1863. 


AN  ACT  describing  the  boundary  of  Sans  Bois. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act 
the  northern  boundary  of  the  County  of  Sans  Bois  shall  ex- 
tend from  the  Skullyville  line  up  the  Arkansas  river  to  the 


390 

Canadian  river ;  thence  up  said  river  to  Gain's  Creek  ;  thence 
up  said  creek  to  the  point  of  the  Long  Ride,  and  down  said 
ride  to  the  Sans  Bois,  and  then  along  said  line  as  at 
present. 

SEC.  2.-— Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  12,  1863. 


ACTS  AND   RESOLUTIONS 

PASSED    AT 
THE  CALLED  SESSION  OF  FEBRUARY,  1864. 

RESOLUTION  giving  additional  pay  to  the  members  of  the 
General  Council. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  additional  .sum  of  five  dollars  per 
day  be  allowed  to  each  of  the  members  of  the  present  council 
and  its  officers  for  this  time  alone,  and  that  the^National  Au- 
ditor is  directed  to  issue  his  warrant  upon  the  National 
Treasurer,  and  he  is  hereby  directed  to  pay  the  same,  and 
that  this  resolution  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  February  10,  1864. 


RESOLUTIONS  authorizing  payment  of  money  to  members  of 
the  General  Council. 

SEC.  1. —  Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  National  Treasurer  is  hereby  au- 
thorized to  receive  all  certificates  issued  to  the  members  and 
its  officers  of  the  present  council,  and  pay  them  accordingly. 


CHOCTAW  NATION.  391 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  February  10, 1864. 


ADJOUBNMENT. 

Be  it  resolved  ty  the  General  Council  of  tJie  Choctaiu  Nation 
assembled,  That  the  present  session  of  the  General  Council 
adjourn  on  the  10th  day  of  February,  1864,  at  2  o'clock,  P.  M. 

Approved,  February  10,  1864. 


ACTS  AND  RESOLUTIONS 

PASSED   AT  THE 
CALLED  SESSION  OF  THE  GENERAL    COUNCIL  IN  JULY,  1864. 

AN  ACT  entitled  an  act  establishing  an  additional  election 
precinct  .in  Blue  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  in  the  county  of  Blue,  in  addition  to  the  present  election 
precincts,  there  shall  be  one  established  at  Nanih  Takali 
meeting-house  in  said  county,  and  that  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  July  9, 1864. 


RESOLUTIONS  requiring  of  the  National  Secretary  the  manu- 
script acts  and  resolutions. 

SEO.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 


392  LAWS  OF  THE 

Nation  assembled,  That  the  National  Secretary  be,  and  is 
hereby  required  to  place  before  the  Council  the  acts  and 
resolutions  of  the  General  Council  in  manuscript. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  July  7,  1864. 


AN  ACT  entitled  an  act  authorizing  payment  to  certain  per- 
sons therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  fifty-two  dollars  be,  and  is 
hereby  appropriated  out  of  any  money  in  the  Treasury  to 
pay  the  following  members  of  the  Council  at  the  called  ses- 
sion of  January,  1864,  at  which  there  was  no  quorum,  to  wit : 
James  Isaac,  fourteen  dollars  ($14) ;  James  Sunny,  fourteen 
dollars  ($14) ;  Sylvester  Durant,  seven  dollars  (£7)  ;  George 
Folsom,  seven  dollars  and  sixty  cents  ($7  60)  ;  Daniel  Miller, 
five  dollars  ($5) ;  and  James  Hampton,  five  dollars  (So). 

SEC.  2. — Be  it  furtJier  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  July  11,  1864. 


AN  ACT  to  furnish  the  Capitol  with  chairs  and  tables. 

SEC.  1. — Be  it  enacted,  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  one  thousand  dollars  be, 
and  is  hereby  appropriated  out  of  any  money  in  the  National 
Treasury  not  otherwise  appropriated,  to  enable  Israel  Fol- 
som to  purchase  sixty  chairs  for  the  use  of  the  General  Coun- 
cil and  its  members,  and  five  small  office  tables  for  National 
officers,  and  two  long  tables,  sixteen  by  three  feet,  one  for 
the  use  of  the  Senate  chamber  and  the  other  for  the  use  of 
the  House  of  Representatives. 


CHOCTAW  NATION.  393 

SEC.  2. — Be  it  further  enacted,  That  Israel  Folsom  be,  arid 
is  hereby  authorized  to  superintend  the  making  and  pur- 
chasing of  chairs  and  tables,  and  the  National  Auditor  is 
hereby  required  to  draw  his  warrant  upon  the  National  Trea- 
surer for  the  said  sum  of  one  thousand  dollars  in  favor  of 
the  said  Israel  Folsom. 

SEC.  3. — Be  it  further  enacted,  That  Israel  Folsom  is  hereby 
authorized  to  furnish  the  next  Council  with  a  full  report  of 
the  prices  of  each  article  of  the  above-named  articles. 

Approved  July  11,  1864. 


AN  ACT  entitled  an  act  relative  to  certain  person  to  leave 

the  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  from  and  after  the  passage  of 
this  act,  that  a  certain  white  man,  William  Evans,  living  in 
this  Nation  without  permit,  shall  be  ordered  by  the  Principal 
Chief  to  leave  the  Nation  and  forever  stay  out  of  it. 

Approved,  July  11,  1864. 


AN  ACT  entitled  an  act  prohibiting  and  fixing  fines  for  dis- 
turbing public  places  of  worship. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  any  person  or  collection  of  persons  so  depraved  as  to 
assemble  at  any  places  of  worship  or  church  for  the  purpose 
of  dancing  and  rioting  at  said  places,  upon  the  proper  proof 
and  conviction  before  the  proper  authorities,  shall  be  fined 
in  any  such  sum  as  the  Court  may  determine  not  less  than 
five  dollars  nor  to  exceed  one  hundred  dollars ;  such  fines  to 


394  LAWS  OF  THE 

be  paid  into  the  County  Treasury  where  such  offences  have 
been  committed. 

SEC.  2. — Be  it  further  enacted,  That  the  sheriff  or  proper 
officer  shall  collect  such  fine  in  the  proper  manner. 

SEC.  3. — Be  it  further  enacted,  That  one-third  of  the  fines 
thus  imposed  shall  go  to  the  informer,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  July  9,  1864. 


ACTS  AND  EESOLUTIONS 


AN  ACT  entitled  an  act  for  the  National  Secretary  to  furnish 
copies  of  laws. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  the  National  Secretary  of  this  Nation  be,  and  is  hereby 
authorized  to  issue  copies  of  all  the  acts  and  resolutions  from 
October  session  of  1860  up  to  the  last  of  the  present  General 
Council,  to  civil  and  national  officers  of  this  Nation ;  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its  pas- 


Approved,  October  11, 1864. 


A  RESOLUTION  requiring  both  Houses  to  elect  certain 
officers,  &c. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Clioctaw 


CHOCTAW  NATION.  395 

Nation  assembled,  That  both  Houses  assemble  in  the  Senate 
Chamber  to-day  at  three  o'clock  p.  M.,  for  the  purpose  of 
electing  Supreme  Judges  and  other  officers. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take  ef- 
fect, and  be  in  force  from  and  after  its  passage. 

Approved  October  11,  1864. 


Your  Committee,  to  whom  was  referred  the  report  of  the 
National  Auditor  and  Treasurer,  have  duly  examined  the 
the  same,  and  would  respectfully  report  to  your  honorable 
body  that  there  is  an  excess  of  warrants  to  the  amount  of 
two  thousand  six  hundred  and  twenty-eight  dollars  and 
thirty-nine  cents  ($2,628.39-100)  over  the  amount  paid  out 
by  the  Treasurer,  which  amount  is  yet  out-standing  against 
the  Nation,  issued  prior  to  the  fiscal  year  of  August  1st, 
1863,  up  to  the  last  day  of  July,  1864,  which  amount  of 
warrants,  if  received,  would  balance  the  report :  therefore, 

Be  it  enacted  by  the  General  Council  of  the  Choctaiv  Nation 
assembled,  That  we  do  accept  the  report  of  Allen  Wright, 
Treasurer,  and  William  Roebuck,  Auditor  of  the  Choctaw 
Nation,  from  the  fiscal  year  of  August  1st,  1863,  to  the 
last  day  of  July,  1864. 

Approved  October  11,  1864. 


ADJOUKNMENT. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  present  General  Council  adjourn 
on  Thursday,  three  o'clock  P.  M.,  October  13th,  1864. 

SEC.  2. — Be  it  further  resolved,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  11, 1864. 


396  LAWS  OF  THE 

AN  ACT  appropriating  funds  for  the  pay  of  officers  of  this 
Nation,  and  members  of  the  present  General  Council 

SEC.  1. — Be  it  enacted  by  tJie  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  the  Chiefs,  Clerks,  and  other  officers 
and  members  shall  receive  the  sum  of  fifteen  dollars  per 
day  for  their  services  at  the  present  General  Council,  pro- 
vided this  act  shall  not  be  so  construed  as  to  apply  at  any 
future  session  of  the  General  Council. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  11, 1864. 


AN  ACT  entitled  an  act  giving  G.  S.  Lee  a  permit. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  a  permit  is  hereby  granted  to  G.  S. 
Lee  for  the  purpose  of  establishing  a  mill  on  Blue  Eiver, 
in  partnership  with  T.  J.  Manning. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passa'ge. 
Approved  October  12,  1864. 


AN  ACT  entitled  an  act  for  the  relief  James  Eiley. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  one  hundred  and  forty 
dollars  be  and  is  hereby  appropriated  out  of  any 
funds  not  otherwise  appropriated,  to  pay  James  Kiley  for 
services  rendered  the  Nation  while  acting  as  National 
Secretary. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
be  and  is  hereby  authorized  to  issue  his  warrant  upon  the 


CHOCTAW  NATION.  397 

National  Treasurer  for  the  sum  of  one  hundred  and  forty 
dollars. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect, 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  13, 1864. 


Whereas,  it  appears  from  the  act  approved  October  22d, 
1862,  that  partial  payment  of  claims  held  against  Arm- 
strong Academy  were  paid  with  a  view  to  the  balance,  when 
there  is  money  in  the  National  Treasury  ;  therefore,  we,  the 
undersigned,  E.  M.  Jones,  W.  E.  Baker,  and  E.  Wright,  who 
have  claims  against  Armstrong  Academy,  allowed  to  us  by 
your  committee,  do  beg  leave  of  your  honorable  body  to  ap- 
propriate to  our  benefit  the  amount  due  us  on  the  following 
bills  : 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  three  thousand  three  hun- 
dred and  twenty-five  dollars  and  twenty-two  cents,  and  the 
same  is  hereby  appropriated  for  the  relief  of  the  creditors 
of  Armstrong  Academy — to  wit :  Two  thousand  one  hundred 
and  ninety-eight  dollars  and  seventy-nine  cents  for  E.  M. 
Jones ;  eight  hundred  and  seventy-eight  dollars  and  eight 
cents  for  W.  E.  Baker  ;  two  hundred  and  forty-eight  dollars 
and  thirty-five  cents  for  E.  Wright ;  and  that  the  National 
Auditor  is  hereby  directed  to  issue  his  warrant  for  the  same 
on  the  National  Treasury,  and  that  this  shall  be  a  full  satis- 
faction for  any  and  all  demands  against  the  said  Armstrong 
Academy  held  by  the  said  claimants. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  13  1864. 


398  LAWS   OF   THE 

AN  ACT  entitled  an  act  to  enable  the  Principal  Chief  to  em- 
ploy some  competent  persons  to  compile  the  acts  and  re- 
solutions of  the  Choctaw  General  Council,  &c. 

SEC.  1. — Be  it  enacted  by  Hue,  General  Council  of  tJie  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  this  Nation 
shall  be  authorized  and  required  to  employ  some  competent 
person  to  furnish  five  separate  copies  of  all  the  acts  and  re- 
solutions passed  by  General  Council,  and  not  printed  and 
translated.  One  copy  to  be  placed  in  the  hands  of  each 
District  Chief,  one  copy  to  be  filed  in  the  National  Secre- 
tary's office,  and  one  copy  to  be  kept  by  the  Principal  Chief, 
•from  which  five  translations  are  to  be  furnished ;  one  to  be 
filed  in  the  District  Chief's  office,  and  one  to  be  retained  by 
the  Principal  Chief  in  his  office  for  future  reference,  and  one 
by  the  National  Secretary. 

SEC.  2. — Be  it  further  enacted,  That  the  Principal  Chief 
shall  after  the  copies  are  furnished,  have,  if  practicable,  the 
same  printed  in  the  English  and  Choctaw  languages,  and 
that  he  is  hereby  authorized  to  purchase  suitable  paper,  ink, 
etc.,  to  be  used  in  the  copies  and  translations. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Secretary 
shall  furnish  the  acts  and  resolutions  in  full  to  the  person 
employed  by  the  Principal  Chief,  which  said  person  shall  re- 
turn the  original  as  soon  as  copied  to  be  filed  by  the  Secre- 
tary for  safe  keeping. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  13,  1864. 


AN  ACT  entitled  an  act  for  the  relief  of  Impson  Jones. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  one  hundred  dollars  be 
appropriated  out  of  any  money  in  the  National  Treasury  not 


CHOCTAW   XATIOX.  399 

otherwise  appropriated,  to  pay  Impson  Jones  for  taking  care 
of  the  capitol  building,  under  George  Folsom,  by  authority 
of  the  General  Council  for  the  year  1863  ;  and  also  the  fur- 
ther sum  of  eighteen  dollars  for  wood  furnished  the  General 
Council  at  the  present  session  of  1864- ;  and  that  the  National 
Auditor  is  hereby  required  to  draw  his  warrant  upon  the 
National  Treasury  for  the  sum  of  one  hundred  and  eighteen 
dollars  in  favor  of  the  said  Impson  Jones. 

SEC.  2. — Be  it  farther  enacted,  That  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  13,  1864. 


AN  ACT  entitled  an  act  for  the  relief  of  Edmund  Gardner. 

SEC.  1. — Be  it  enacted  by  tJie  General  Council'  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  eighty  dollars  be  paid  to 
Edmund  Gardner  on  account  of  papers  furnished  for  the  use 
of  the  public. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
is  hereby  directed  to  issue  his  warrant,  and  the  National 
Treasurer  is  hereby  authorized  to  pay  the  same. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  13,  1864. 


ACTS  AND  RESOLUTIONS     . 

PASSED   AT  THE 
CALLED  SESSION  IN  JANUARY,  1865. 

AN  ACT  entitled  an  act  granting  permit  to  David  Horn  to  re- 
main in  the  Choctaw  Nation  for  the  purpose  of  working  at 
his  trade. 


400  LAWS  OF  THE 

SEC.  1.— Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  David  Horn  is  hereby  permitted 
to  remain  in  the  county  of  Eagle  for  the  purpose  of  carrying 
on  his  trade,  provided  the  said  David  Horn  shall  demean 
himself  in  a  quiet,  peaceable,  and  orderly  manner. 

SEC.  2.— Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  January  19, 1865. 


AN  ACT  entitled  an  act  making  appropriation  for  the  contin- 
gent expenses  of  the  Choctaw  government. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  four  hundred  dollars  is 
hereby  appropriated  for  the  contingent  expenses,  to  be  ex- 
pended in  the  manner  and  accounted  for  by  the  Principal 
Chief  of  this  Nation,  as  is  required  by  the  act  approved  Octo- 
ber 16,  1860,  section  eight. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  January  20,  1865. 


AN  ACT  entitled  an  act  to  pay  David  McCoy  for  station- 
ery, etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sum  of  one  hundred  dollars  be, 
and  is  hereby  appropriated  out  of  any  money  in  the  Trea- 
sury not  otherwise  appropriated  to  pay  David  McCoy  for 
stationery  furnished  the  General  Council,  and  the  National 
Auditor  is  hereby  authorized  to  issue  his  warrant  upon  the 
National  Treasurer  for  the  amount. 


CHOCTAW  NATION.  401 

SEC.  2. — Be,  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  January  20,  1865. 


KESOLUTIONS   authorizing  the  Principal  Chief  to  send  for 

the  Auditor. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  be,  and  is 
hereby  authorized  and  required  to  send  for  the  National  Au- 
ditor immediately  and  without  delay. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  23, 1865. 


AN  ACT  entitled  an    act  making  appropriation  to  Samuel 

Garland. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  claim  of  seven  hundred  and 
twenty-five  dollars  ($725),  due  Samuel  Garland,  is  just  and 
should  be  paid.  That  the  National  Auditor  is  hereby  au- 
thorized and  required  to  issue  his  warrant  for  the  same  out 
of  any  funds  not  otherwise  appropriated. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  January  20,  1865. 


AN  ACT  entitled  an  act  giving  permits  to  Ternpleton. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiu 
Nation  assembled,   That    the  within  named    Templeton    be 
26 


402  LAWS  OF  THE 

allowed  to  remain  in  this  Nation  to  work  at  his  trade  for 
twelve  months  or  during  good  behaviour,  and  that  this  act 
take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  January  20,  1865. 


AN  ACT  entitled  an  act  giving  permits  to  several  persons 
therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  C hoc- 
tail)  Nation  assembled,  That  A.  J.  Vaughn,  J.  K.  Minter  and 
S.  M.  Ryan,  overseers  for  R.  M.  Jones,  be  and  they  are  here- 
by permitted  to  remain  in  the  Nation  for  the  term  of  twelve 
:months  and  during  good  behaviour. 

SEC.  2. — Be  it  furtJier  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  January  20, 1865. 


.AN  ACT  entitled  an  act  to  pay  the  officers  and  members  of  the 
present  General  Council. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  fifteen  dollars  per  day  ad- 
ditional pay  be  and  is  hereby  allowed  the  officers  and  mem- 
bers of  the  present  General  Council. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor  be 
and  is  hereby  required  to  issue  his  warrant  for  the  same. 

SEC.  3 — Be  il  further  enacted,  That  all  acts  or  parts  of  acts 
coming  in  conflict  with  this  act,  are  hereby  repealed,  and 
that  this  act  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  January  24, 1865. 


CHOCTAW  NATION.  403 

AN  ACT  entitled  an  act  requiring  the  National  Secretary  to 
furnish  a  copy  of  the  laws  passed  the  present  Council  to 
Principal  Chief. 

SEC.  1. — Be  it  enacted,  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  laws  passed  at  the  present  Session 
of  the  General  Council  of  a  general  nature,  wherein  the  Prin- 
cipal Chief  is  to  carry  out  the  execution,  that  he  be  furnished 
by  the  National  Secretary  a  copy  forthwith  in  order  that  he 
may  see  what  is  required  of  him  to  do. 

Approved  January  25, 1865. 


AN  ACT  entitled  an  act  appropriating  money  for  certain 

purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  five  hundred  dollars  be  and 
is  hereby  appropriated  out  of  the  National  Treasury  not 
otherwise  appropriated,  to  defray  the  expenses  of  making  safe 
or  book-case  for  the  office  of  the  National  Secretary  of  this 
Nation  to  hold  the  Archives  of  the  Choctaw  Nation. 

SEC.  2. — Be,  it  further  enacted,  That  the  Principal  Chief  of 
this  Nation  be  and  is  hereby  authorized  to  superintend  the 
making  of  such  book-case  and  the  National  Auditor  is  here- 
by authorized  to  issue  his  warrant  in  his  favor  on  the  Na- 
tional Treasury  for  the  same,  on  certificate  of  the  National 
Secretur}7,  that  such  work  was  furnished  properly. 

SEC.  3. — Be  it  further  enacted,  That  the  Principal  Chief  shall 
make  a  full  report  of  the  expenditure  of  five  hundred  dollars 
appropriated  above,  as  by  this  act  required  to  the  General 
Council  in  regular  term  of  October,  1865. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  January  25,  1865. 


404  LAWS  OF  THE 

RESOLUTIONS  for  adjournment. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  present  General  Council  now  in 
Session  adjourn  on  Wednesday,  at  5  o'clock,  January  25, 
1865. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  January  25, 1865. 


ACTS  AND   RESOLUTIONS 

PASSED  AT  THE 

CALLED    SESSION 

OP  THE 
CHOCTAW    GENERAL    COUNCIL,    SEPTEMBER,   1865. 

CHAHTA  TAMAJEA,  September  6, 1865. 
To  THE  GENERAL  COUNCIL  OF  THE  CHOCTAW  NATION  : 

The  committee  to  whom  was  referred  the  message  of  the 
Principal  Chief  beg  leave  to  submit  to  your  honorable  body 
the  accompanying  acts,  as  comprising  all  the  action  deemed 
necessary  at  the  present  session.  The  main  points  of  the 
message  are  referred  to  the  regular  session  of  the  General 
Council. 

Your  honorable  body  are  earnestly  advised  to  act  imme- 
diately on  the  accompanying  bill. 


CHOCTAW   NATION.  405 

AN  ACT  entitled  an  act  authorizing  the  appointing  of  Com- 
missioners on  the  part  of  the  Choctaw  Nation,  to  meet,  in 
conjunction  with  Commissioners  of  the  Chickasaw  Nation, 
the  Commissioners  on  the  part  of  the  United  States,  for 
the  purpose  of  making  a  Treaty  of  Peace  with  the  United 
States. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  seven  delegates  from  each  District  of 
the  Choctaw  Nation  shall  be  appointed,  who  shall  imme- 
diately proceed,  as  Commissioners  of  the  Choctaw  Nation,  to 
Fort  Smith,  Arkansas,  there  to  meet  the  Commissioners  on 
the  part  of  the  United  States,  for  the  purpose  of  negotiating 
a  Treaty  of  Peace  with  that  power. 

SEC.  2. — Be  it  further  enacted,  That  the  Principal  Chief  of 
the  Choctaw  Nation  be  and  is  hereby  requested  to  accom- 
pany the  Commissioners  to  be  appointed  under  this  act  to 
Fort  Smith. 

SEC.  3. — Be  it  further  enacted,  That  a  majority  of  the  Com- 
missioners shall  constitute  a  quorum  when  assembled  for  the 
transaction  of  business,  and  shall  have  the  power  to  make 
such  rules  and  regulations  for  the  governing  of  their  body  as 
they  may  deem  necessary. 

SEC.  4. — Be  it  further  enacted,  That  the  Commissioners 
shall  be  allowed  the  same  pay  per  diem  and  mileage  as  mem- 
bers to  the  General  Council. 

SEC.  5. — Be  it  further  enacted,  That  the  Principal  Chief  shall 
recommend  to  the  Senate  some  competent  person  to  act  as 
Secretary  for  the  Commissioners,  and  an  assistant  Secretary, 
who  shall  also  serve  when  necessary  as  private  Secretary  for 
the  Principal  Chief,  whose  compensation  shall  be  the  same 
as  a  Commissioner. 

SEC.  6. — Be  it  further  enacted,  That  should  the  Commis- 
sioners succeed  in  negotiating  a  Treaty  of  Peace  with  the 
United  States,  they  shall  immediately  thereafter  submit  the 


406  LAWS  OF  THE 

same  to  the  General  Council  of  the  Choctaw  Nation  for  rati- 
fication. 

SEC.  7. — Be  it  further  enacted,  That  should  any  vacancy 
occur  in  the  delegation  by  death  or  otherwise,  the  Principal 
Chief  shall  have  the  power  to  fill  the  same  by  appointment. 

SEC.  8. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  September  6,  1865. 


AN  ACT  entitled  an  act  authorizing  the  appointment  of  an 
escort  of  fifty  men,  on  the  part  of  the  Choctaw  Nation,  to 
accompany  its  Commissioners. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  shall  be  an  escort,  consisting  of 
a  Captain,  two  Lieutenants  and  four  Sergeants,  fifty-three 
men  rank  and  file,  mounted,  armed  and  equipped,  and  officered 
as  a  military  company,  who  shall  accompany  the  Choctaw 
Commissioners  to  Fort  Smith. 

SEC.  2. — Be  it  further  enacted,  That  the  Principal  Chief  shall 
appoint  and  commission  said  Captain  and  Lieutenants,  and 
they  shall  be  subject  to  his  orders. 

SEC.  3. — Be  it  further  enacted,  That  the  Principal  Chief  is 
hereby  authorized  to  procure  rations,  etc.,  for  the  said  escort. 

SEC.  4. — Be  it  further  enacted,  That  the  said  Captain  shall 
receive  the  same  pay  as  a  Commissioner,  and  the  Lieutenants 
shall  receive  two  dollars  and  fifty  cents  per  day,  and  the  es- 
cort two  dollars  each  per  day. 

SEC.  5.  — Be  it  further  enacted,  That  the  Principal  Chief  shall 
appoint  a  surgeon  to  accompany  the  Choctaw  Commissioners 
and  escort  to  Fort  Smith,  and  the  said  surgeon  shall  receive 
the  same  pay  as  a  Commissioner. 

SEC.  6. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  September  6, 1865. 


CHOCTAW  NATION.  407 

AN  ACT  entitled  an  act  to  establish  and  locate  an  additional 
precinct  in  Atoka  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taiv  Nation  assembled,  That  an  additional  election  precinct  be 
established  at  Boggy  Depot  in  said  county. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  7,  1865. 


ARTICLES  of  agreement  entered  into  this  13th  day  of  Septem- 
ber, 1865,  between  the  Commissioners  designated  by  the 
President  of  the  United  States  and  the  persons  here  pres- 
ent, representing  or  connected  with  the  following  named 
Nations  and  tribes  of  Indians,  viz. :  Cherokees,  Creeks, 
Choctaws,  Chickasaws,  Osages,  Seminoles,  Senecas,  Sene- 
cas  and  Shawnees  and  Quapaws. 

Whereas,  the  aforesaid  Nations  and  tribes,  or  bands  of  In- 
dians or  portions  thereof,  were  induced  by  the  machinations 
of  the  emissaries  of  the  so-called  Confederate  States,  to  throw 
off  allegiance  to  the  Government  of  the  United  States,  and 
to  -enter  into  treaty  stipulations  with  the  said  so-called  Con- 
federate States,  whereby  they  have  made  themselves  liable  to 
a  forfeiture  of  all  rights  of  every  kind,  character  and  descrip- 
tion, which  had  been  promised  and  guaranteed  to  them  by 
the  United  States  ;  and  whereas,  the  Government  of  the  Uni- 
ted States  has  maintained  its  supremacy  and  authority 
within  its  limits  ;  and  whereas^  it  is  the  desire  of  the  Govern- 
ment to  act  with  magnanimity  with  all  parties  deserving  its 
clemency,  and  to  re-establish  order  and  legitimate  authority 
among  the  Indian  tribes  ;  and  lohereas,  the  undersigned  repre- 
sentatives or  parties  connected  with  said  Nations  and  tribes 
of  Indians,  have  been  satisfied  that  it  is  for  the  general  good 


408  LAWS  OF  THE 

of  the  people  to  reunite  with,  and  be  restored  to  the  relations 
which  formerly  existed  between  them  and  the  United  States, 
and  as  indicative  of  our  personal  feelings  in  the  premises,  and 
of  our  several  Nations  and  tribes,  so  far  as  we  are  authorized 
and  empowered  to  speak  for  them ;  and  ivhereas,  questions 
have  arisen  as  to  the  status  of  the  Nations,  tribes  and  bands, 
that  have  made  treaties  with  the  enemies  of  the  United 
States,  which  are  now  being  discussed,  and  our  relations  set- 
tled by  treaty  with  the  U.  S.  Commissioners  now  aj;  Fort 
Smith,  Ark.,  for  that  purpose. 

•  The  undersigned  do  hereby  acknowledge  themselves  to  be 
under  the  protection  of  the  United  States  of  America,  and 
covenant  and  agree,  that  hereafter  they  will,  in  all  things, 
recognize  the  government  of  the  United  States,  as  exercising 
exclusive  jurisdiction  over  them,  and  will  not  enter  into  any 
allegiance  or  conventional  arrangement,  with  any  State,  Na- 
tion, Power  or  Sovereign  whatsoever ;  that  any  treaty  of  al- 
liance for  cession  of  land,  or  any  act  heretofore  done  by  them, 
or  any  of  their  people,  by  which  they  renounce  their  alle- 
giance to  the  United  States  is  hereby  revoked,  cancelled,  and 
repudiated.  In  consideration  of  the  foregoing  stipulations 
made  by  the  members  -of  the  respective  Nations  and  tribes 
of  Indians  present,  the  United  States,  through  its  commission- 
ers, promises :  That  it  will  re-establish  peace  and  friendship 
with  all  the  Nations  and  tribes  of  Indians  within  the  limits 
of  the  so-called  Indian  country  ;  That  it  will  afford  ample 
protection  for  the  security  of  the  persons  and  property  of  the 
respective  Nations  or  tribes,  and  declares  its  willingness  to 
enter  into  treaties  to  arrange  and  settle  all  questions  relating 
to  and  growing  out  of  former  treaties  with  said  Nations,  as 
effected  by  any  treaty  made  by  said  Nations  with  the  so- 
called  Confederate  States,  at  this  Council  now  convened  for 
that  purpose,  or  at  such  time  in  the  future  as  may  be  ap- 
pointed. 

In  testimony  whereof,  the  Commissioners,  on  the  part  of 


CHOC  TAW   NATION".  409 

the  United  States,  and  the  said  Indians  of  the  several  Na- 
tions and  tribes,  as  respectively  hereafter  enumerated  have 
hereunto  subscribed  their  names,  and  affixed  their  seals  on 
the  day  and  year  first  above  written. 


AN  ACT  entitled  an  act  approving  the  action  of  the  Choctaw 
Commissioners,  in  signing  a  Preliminary  Treaty  with  the 
Commissioners  of  the  United  States. 

WJiereas,  articles  of  agreement,  as  contained  in  the  fore- 
going articles,  were  entered  into  between  D.  N.  Cooley,  Ely 
S.  Parker,  Elijah  Sells  and  Thomas  Wistar,  on  the  part  of  the 
United  States,  and  B.  M.  Jones,  Sampson  Folsom,  F.  Bat- 
tiest, Win.  Boebuck,  Forbis  Leflore,  A.  Wright,  P.  Folsom, 
John  Page,  James  Biley,  Wm.  B.  Pitchlynn,  Samuel  Garland, 
A.  W^ade,  D.  F.  Harkin  and  Cole  man  Cole,  Choctaw  Com- 
missioners, at  the  day  and  year  therein  named,  with  the  ex- 
planation, on  the  part  of  the  United  States  Commissioners, 
that  the  United  States  government  did  not  claim,  by  the 
words  "  exclusive  jurisdiction  in  all  things,"  the  right  to  in- 
terfere with  the  local  or  tribal  regulations  of  the  Choctaw 
and  Chickasaw  Nations,  except  as  to  the  subject  of  slavery ; 

Now,  therefore,  be  it  known,  that  the  Choctaws,  in  General 
Council  assembled,  having  duly  considered  said  articles  of 
agreement  and  convention,  and  each  and  every  clause  there- 
of, and  being  satisfied  therewith,  together  with  the  explana- 
tions attached  thereto  by  the  United  States  Commissioners, 
do  upon  their  part  hereby  assent  to,  ratify  and  confirm  the 
same  as  stipulated  and  required. 

Approved,  October  7,  1865. 


BESOLUTIONS  approving  the  action  of  the  Commissioners  ap- 
pointed to  negotiate  with  the  U.  S.  Commissioners  at 
Fort  Smith,  Arkansas. 

Be  it  resolved  Inj  the,  General  Council  of  the  Choctaw  Nation 


410  LAWS  OF  THE 

assembled,  That  the  report  of  the  proceedings  of  the  Choctaw 
and  Chickasaw  Commissioners,  at  Fort  Smith,  Arkansas, 
in  reference  to  their  negotiations  with  the  United  States 
Commissioners,  having  been  fully  examined,  the  same  be  and 
is  hereby  approved. 

Approved  October  13, 1865. 


DEAFT  OF  TEEATY  submitted  by  the  United  States  Commis- 
sioners at  Fort  Smith  (not  signed). 

AETICLES  of  agreement  and  convention  between  the  United 
States  and  the  Choctaw  and  Chickasaw  tribes  of  Indians, 

made  and  concluded  at  Fort  Smith,  Arksansas,  the day 

of  September,  A.  D.  1865,  by  D.  N.  Cooley,  Elijah  Sells,  Ely 
S.  Parker  and  Thomas  Wistar,  Commissioners  on  the  part 
of  the  United  States,  and  the  Delegates  of  the  Choctaw  and 
Chickasaw  tribes  of  Indians,  signing  this  instrument. 

AET.  1. — Peace  and  friendship  are  hereby  firmly  established 
between  all  the  citizens  of  the  United  States  and  all  the  in- 
dividuals composing  the  aforesaid  tribes ;  and  all  the  friendly 
relations  that  existed  between  them  before  the  rebellion,  shall 
be  and  the  same  are  hereby  renewed. 

AET.  2. — The  Choctaw  and  Chickasaw  tribes  of  Jndians  do 
hereby  bind  themselves  to  use  their  influence,  and  whenever 
called  upon  by  the  Government  to  aid  in  compelling  the  In- 
dians of  the  Plains  to  maintain  peaceful  relations  with  each 
other,  with  the  Indians  of  the  Territory  and  with  the  United 
States. 

AET.  3. — The  Choctaw  and  Chickasaw  tribes  of  Indians, 
hereby  admit,  that  the  institution  of  slavery  is  abolished,  and 
that  slavery  or  involuntary  servitude  shall  never  hereafter  exist 
in  either  tribe,  except  in  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted,  and  they  promise  and 
agree  that  measures  shall  be  immediately  taken  by  their  re- 
spective National  Councils,  to  properly  provide  for  such 
emancipated  slaves  as  may  have  belonged  to  the  members  of 


CHOCTAW  NATION.  411 

the  respective  tribes ;  such  provision  to  be  subject  to  the 
approval  of  the  President  of  the  United  States. 

ART.  4. — The  Choctaw  and  Chickasaw  tribes  of  Indians, 
hereby  agree  to  open  their  country  to  the  settlement  of  friendly 
Indians  from  Kansas  and  elsewhere,  upon  such  terms  as  may 
hereafter  be  agreed  upon  by  the  respective  parties  and  ap- 
proved by  the  Government,  and  the  Government  may  settle 
such  friendly  Indians  on  a  portion  of  said  Territory  east  of  the 
ninety-eighth  degree  west  longitude,  not  necessary  for  the 
use  of  said  Choctaw  and  Chickasaw  tribes,  as  it  may  desire, 
not  exceeding  one-third  of  the  whole  remaining  Territory,  for 
a  fair  and  equitable  consideration,  to  be  fixed  by  the  Govern- 
ment. 

ART.  5. — The  Choctaw  and  Chickasaw  tribes  agree  to  a 
modification  of  the  9th  Article  of  the  Treaty  concluded  at 
the  City  of  Washington  the  22d  day  of  June,  A.  D.  1855 
which  they  agree  that  all  that  portion  of  their  common  Ter- 
ritory west  of  the  ninety-eighth  degree  west*  longitude,  leased 
to  the  United  States,  may  be  used  for  the  permanent  settle- 
ment of  the  "Wichita  and  such  other  tribes  or  bands  of 
Indians  as  the  Government  may  desire  to  locate  thereon, 
without  exception  or  restriction  as  to  the  character  of  the 
tribes. 

ART.  6. — The  Choctaw  and  Chickasaw  tribes  of  Indians 
promise  and  agree  to  submit  and  recommend,  at  the  first 
meeting  of  their  respective  General  Councils,  the  adoption 
of  the  plan  proposed  in  Senate  Bill  459,  38th  Congress, 
2d  Session,  to  provide  for  the  consolidation  of  the  Indian 
tribes,  and  to  establish  civil  government  in  the  Indian  Terri- 
tory ;  it  being  understood  to  be  the  settled  policy  of  the  Gov- 
ernment of  the  United  States,  that  all  the  Nations  and  tribes 
in  the  Indian  Territory  be  formed  into  one  Consolidated 
Government,  after  the  plan  proposed  in  the  bill  above  re- 
ferred to,  adopted  by  the  United  States  Senate,  1865,  the 
Government  of  the  United  States  reserving  said  right. 


412  LAWS  OF  THE 

ART.  7. — The  United  States,  in  the  event  of  the  adoption 
by  the  Choctaw,  Chickasaw,  and  other  Indian  tribes  of  the 
Government,  proposed  to  be  established  in  the  Indian  Terri- 
tory referred  to  in  the  preceding  Article,  promise  and  agree 
that  no  white  person  except  officers,  agents,  and  employees 
of  the  Government,  and  of  any  internal  improvement  au- 
thorized by  the  Government,  will  be  permitted  to  go  into  and 
settle  in  said  Territory,  unless  formally  incorporated  and 
naturalized  into  one  of  the  resident  tribes,  according  to  their 
laws,  customs  and  usages. 

ART.  8. — The  Choctaw  and  Chickasaw  tribes  of  Indians, 
anxious  for  the  restoration  and  preservation  of  kind  and 
friendly  feelings  among  themselves,  do  hereby  declare  a 
general  amnesty  of  all  past  offences,  either  against  their 
Government  or  the  Government  of  the  United  States,  and 
no  Indian  or  Indians  shall  be  proscribed,  or  any  act  of  for- 
feiture or  confiscation  passed  against  those  who  may  have 
remained  friendly  and  loyal  to  the  United  States,  but  they 
shall  all  enjoy  equal  privileges  with  other  members  of  said 
tribes. 

ART.  9. — The  United  States  hereby  promise  and  agree  to 
restore  the  Choctaw  and  Chickasaw  tribes  of  Indians  to  all 
their  rights  and  privileges  in  lands  and  annuities,  that  they 
were  possessed  of  and  entitled  to,  and  they  shall  be  applica- 
ble to  the  same  objects  as  existed  at  the  breaking  out  of  the 
rebellion,  except  such  part  or  parts  of  annuities  and  moneys 
as  have  been  expended  by  the  President  in  providing  for  the 
relief  of  destitute  Indians,  who  were  reduced  to  want  on  ac- 
count of  their  friendship  to  the  Government  of  the  United 
States,  which  shall  not  be  refunded. 

ART.  10. — It  is  hereby  mutually  agreed,  that  all  of  the 
provisions  of  thn  Treaty  of  June  22d,  1855,  between  the 
United  States  aud  the  Choctaw  and  Chickasaw  Tribes  of  In- 
dians not  inconsistent  with  the  foregoing  articles  are  hereby 
adopted  and  made  a  part  of  this  instrument. 

ART.  11. — The  Choctaw  and  Chickasaw  tribes  of  Indians 


CHOCTAW  NATION.  413 

expressly  agree,  that  any  amendment  to  this  Treaty,  which 
the  Senate  of  the  United  States  may  make,  shall  be  taken 
and  held  as  a  part  of  the  same,  and  as  binding  in  every  re- 
spect as  if  it  had,  after  being  made,  been  formally  submitted 
to  and  ratified  by  such  parties. 


AN  ACT  entitled  an  act  repealing  certain  laws,  acts,  and  re- 
solutions of  the  Choctaw  General  Council,  passed  between 
the  1st  February,  1861,  and  1st  September,  A.  D.  1865. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  all  laws,  acts,  and  resolutions,  or 
parts  thereof,  in  any  way  abridging  or  impairing  any  rights 
and  privileges  previously  existing  ;  and  all  laws,  acts,  and 
resolutions,  or  parts  thereof,  in  any  way  conflicting  with  the 
Constitution  and  laws  of  the  United  States,  and  which  may 
have  been  passed  at  any  session  of  the  General  Council  of 
the  Choctaw  Nation,  between  the  first  day  of  February,  A.  D. 
1861,  and  the  first  day  of  September,  A.  D.  1865,  be  and  the 
same  are  hereby  repealed. 

SEC.  2. — Be  it  further  enacted,  That  this  law  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  13,  1865. 


ACT  entitled  an  act  to  provide  for  the  punishment  of  the 
crime  of  robbery,  &c. 

SEC.  1. — Be  it  enacted,  by  the  General  Council  of  the  Choctaw 
Nation  assemlhd,  That  from  and  after  the  passage  of  this 
act,  if  any  person  or  persons  shall  assault  another,  and  shall 
feloniously  rob,  steal  and  take  from  his  or  her  possession, 
any  money  or  other  property  which  may  be  the  subject  of 
larceny,  such  robber  being  armed  with  a  dangerous  weapon, 
with  intent,  if  resisted,  to  kill  or  maim  the  person  robbed,  or 
if  being  so  armed,  he,  she,  or  they  shall  wound  or  strike  the 
person  robbed,  he,  she,  or  they  shall  be  punished  by 
death. 


414  LAWS  OF  THE 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons, being  armed  with  a  dangerous  weapon,  shall  assault 
another  with  intent  to  rob  or  to  murder,  he,  she,  or  they 
shall  be  deemed  a  felonious  assaulter,  and  shall  be  punished 
with  one  hundred  stripes,  well  laid  on  the  bare  back,  to  be 
decreed  as  in  case  of  robbery. 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  by  force  and  violence,  or  by  assault,  or  putting  in 
fear,  feloniously  rob,  steal  and  take  from  the  person  or  pre- 
mises of  another,  any  money  or  other  property  which  may 
be  the  subject  of  larceny,  such  robber,  not  being  armed  with 
a  dangerous  weap  on,  he,  she,  or  they  shall  be  punished  with 
one  hundred  lashes  well  laid  on  his,  her,  or  their  bare  backs, 
and  further  pay  damages  to  the  party  from  whom  such 
arrest  shall  have  been  made,  to  be  assessed  by  the  petit  jury 
of  the  Circuit  Court,  &c. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage,  and  that  all  other  acts 
or  parts  of  acts  coming  in  any  manner  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 

Approved.  October  13,  1865. 


AN  ACT  entitled  an  act  temporarily  providing  for  such  per- 
sons as  have  been  to  the  present  time  considered  as 
slaves. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  until  the  ratification  of  the  treaty  be- 
tween the  United  States  and  the  Choctaw  Nation  now  in  the 
process  of  negotiation,  all  such  persons  as  have,  to  the  pres- 
ent time,  been  considered  as  slaves,  and  remaining  in  the 
country  be,  and  the  same  are  hereby  permitted  to  remain 
with  their  former  owners,  under  such  regulations  as  herein- 
after provided,  subject  to  the  approval  of  the  President  of 


CHOCTAW  NATION.  415 

the  United  States,  as  mentioned  in  the  3d  article  of  the  pro- 
jected treaty,  submitted  by  the  United  States  Commissioners 
at  Fort  Smith,  Arkansas. 

SEC.  2. — Be  it  further  enacted,  That  from  and  after  the 
first  day  of  January,  A.  D.  1866,  next  ensuing,  all  such  per- 
sons of  African  descent,  mentioned  in  the  1st  section  of  this 
act,  and  who  will  remain  with  their  former  owner  or  owners, 
shall  be  allowed  to  contract  with  his  or  her  former  owner  or 
owners  on  such  terms  and  for  such  wages  for  his,  her,  or 
their  labor,  as  they  may  mutually  agree  on,  for  the  support 
and  maintenance  of  such  laborer  and  his  or  her  family  ;  such 
agreement  to  be  made  before  the  County  Judge  of  the  county 
in  which  the  parties  may  reside,  and  that  by  virtue  of  such 
contract  or  agreement,  the  said  former  owner  or  owners  shall 
be  considered,  in  point  of  law,  as  guardian  or  guardians  for 
such  persons. 

SEC.  3. — Be  it  further  enacted,  That  in  all  such  contracts, 
where  the  laborer  and  the  employer  agree,  the  employer  will 
be  required  to  clothe,  pay  doctors'  bills,  and  furnish  build- 
ings and  fuel,  and  in  addition  thereto,  such  compensation  in 
money  or  share  of  the  crops  as  may  be  agreed  on. 

SEC.  4. — Be  it  further  enacted,  That  in  case  the  employee 
(laborer)  desires  his  wages  to  be  paid  in  money  in  lieu  of  all 
other  allowances,  then  the  contract  shall  be  governed  in  all 
cases  by  the  following  schedule  of  prices,  viz. : 

For  1st  class  male  hands,     -    $10  00,  ten  dollars  per  month. 

"  2d      "               "                      8  00,  eight  "  .     " 

"  3d      "              "                     6  00,  six  "  " 

"  boys  under  14  years  of  age,  3  00,  three  " 

"  1st  class  female  hands,          8  00,  eight  "  " 

"  2d      "              "                     6  00,  six  "  " 

"  3d      "              "                     5  00,  five  "  " 

"  girls  under  14  years  of  age,     2  00,  two  " 


416  LAWS  OF   THE 

SEC<  5.  —  j5e  it  further  enacted,  That  where  the  laborer 
does  not  choose  to  remain  with  his  or  her  former  owner  or 
owners,  he  or  she  shall  be  required  to  choose  such  other  per- 
son as  he  or  she  may  desire  to  labor  for,  and  enter  into  con- 
tract with  such  person  in  the  same  manner  as  provided  in 
this  act. 

gEC.  6. — Be  it  further  enacted,  That  all  contracts  between 
the  laborer  and  his  or  her  employer  shall  be  made  in  writing, 
and  certified  to  by  the  County  Judge  of  the  county  in  which 
the  parties  may  reside,  on  the  bacji  of  such  contract,  and  re- 
corded by  the  County  Clerk  of  said  county. 

SEC.  7. — Be  it  further  enacted,  That  one  half  of  the  money 
wages  due  must  be  paid  on  the  following  days,  viz.  :  on  the 
first  day  of  August,  and  all  the  money  wages  earned  during 
the  year,  to  be  paid  on  the  first  day  of  January.  Those  who 
are  working  for  a  share  of  the  crop,  must  receive  their  por- 
tion when  the  crop  is  gathered  ;  wages  for  lost  time  will  be 
deducted  in  case  of  sickness,  or  of  absence  without  leave,  and 
both  wages  and  rations,  where  the  party  refuse  to  work  when 
able  to  do  so  ;  when  the  laborer  has  once  entered  into  a  con- 
tract, such  laborer  must  abide  by  it  until  the  crop  is  gath- 
ered ;  if  the  laborer  abandon  his  work  before  that  time,  such 
laborer  shall  forfeit  his  or  her  wages  and  be  otherwise  pun- 
ished. 

SEC.  8. — Be  it  further  enacted,  That  the  time  of  labor,  in 
cases  of  such  contracts,  shall  be  ten  hours,  between  daylight 
and  dark  in  summer  and  nine  hours  in  winter,  except  the 
afternoon  of  Saturday  and  Sunday  of  each  week,  which  shall 
be  at  the  sole  disposal  of  the  laborer,  except  some  necessity 
should  arise,  where  the  laborers  are  required  to  save  the 
crop,  in  which  case,  the  service  required  must  be  rendered. 

SEC.  9. — Be  it  further  enacted,  That  all  crops  and  property 
on  any  plantation  or  other  place  where  such  persons  are  em- 
ployed, will  be  held  to  be  covered  by  a  lien  against  all  othor 
creditors,  to  the  extent  of  the  wages  due  the  employees,  and 


CHOCTAW  NATION.  417 

such  lien  will  follow  such  crops  in  any  and  all  hands,  until 
such  labor  is  fully  paid  and  satisfied. 

SEC.  10. — Be  it  further  enacted,  That  in  all  cases  the  per- 
sons named  in  the  foregoing  act,  shall  be  allowed  the  same 
rights  of  process,  civil  and  criminal,  in  the  several  courts  of 
this  Nation  as  are  allowed  to  citizens  thereof ;  and  full  pro- 
tection of  person  and  property  is  hereby  guaranteed  to  all 
such  persons. 

SEC.  11.  —  Be,  it  further  enacted,  That  no  person  or  per- 
sons, who  have  been  considered  as  slaves,  and  may  have  vol- 
untarily left  this  Nation,  or  hereafter  may  do  so,  shall  in  any 
case  be  allowed  the  privilege  of  returning  for  the  purpose  of 
residing  in  the  Nation. 

SEC.  12. — Be  it  further  enacted,  That  in  all  contracts  made 
between  the  employer  and  laborer,  suitable  provisions  must 
be  made  in  the  terms  of  such  contracts,  so  as  to  enable  the 
employer  to  support,  in  a  humane  manner,  any  aged  cripple 
and  infirm  persons  who  may  be  under  his  care,  such  persons 
having  been  regarded  as  slaves. 

SEC.  13. — Be  it  further  enacted,,  That  any  person,  to  the 
present  time  considered  as  slave,  who  shall  be  found  strolling 
or  lurking  about  from  place  to  place,  not  pursuing  any  avo- 
cation within  the  meaning  of  this  act,  shall  be  arrested  by  the 
sheriff  or  his  deputy  or  any  light-horse  man,  coming  to  the 
knowledge  of  the  same,  who  shall  hire  them  out  to  the  high- 
est bidder,  who  may  be  willing  to  take  charge  of  them  and 
compel  them  to  (work)  labor 

SEC.  14. — Be  it  further  enacted,  That  the  proceeds  of  such 
hire  shall  be  placed  in  the  hands  of  the  National  Treasurer, 
after  deducting  fees  of  arrest,  etc.,  to  be  retained  as  a  special 
fund  for  the  support  of  any  freed  persons  who  may  hereafter 
have  to  be  provided  for. 

SEC.  15. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  the  1st  day  of  January,  A.  D.  1866. 

Approved,  October  14,  1865. 
27 


418  LAWS  OF  THE 

AN  ACT  entitled  an  act  locating  election  ground  in  Jack's 
Fork  County. 

SEC.  1. — Be  it  enacted  by  tlie  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  election  ground  of  Jack's  Fork 
County,  known  as  Afarbe  Johnson's  precinct,  be,  and  the 
same  is  hereby  removed  and  located  at  Morris  Belinka's,  in 
said  county. 

SEC.  2. — Be  it  'further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  17, 1865. 


.AN  ACT  entitled  an  act  creating  interest  on  National    and 
Treasury  warrants. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  National  Treasurer  is  hereby  au- 
thorized and  required  to  issue  his  certificate  of  deposit  to 
all  persons  depositing  with  him  .National  warrants ;  the  cer- 
tificate reciting  the  sum  deposited,  and  also  certifying  that 
the  same  shall  draw  five  per  cent,  interest  until  paid,  and 
payable  whenever  the  National  Treasurer  shall  be  placed  in 
funds  from  any  source,  applicable  to  the  payment  of  such 
original  warrants  deposited,  etc. ;  provided,  however,  that  all 
warrants  which  may  have  been  issued  to  the  members  of  the 
General  Council  of  this  Nation  and  its  officers  increased  by 
additional  pay  shall  be  reduced  by  the  National  Treasurer 
to  three  dollars  per  day  as  the  law  requires ;  and  provided, 
'further,  that  all  warrants  issued  to  persons  having  served  as 
delegates  to  the  Grand  Council  or  otherwise,  shall  in  like 
manner  be  reduced  to  three  dollars  per  day  and  mileage  as 
is  allowed  the  members  of  General  Council,  and  the  National 
Treasurer  shall  issue  his  certificate  of  deposit  of  such  re- 


CHOCTAW  NATION".  419 

duced   amount,  and   also   certifying  the  percentage  it  will 
draw. 

SEC.  2. — Be  it  further  enacted,  That  all  of  the  Choctaw 
Treasury  warrants  as  were  issued  per  act  approved  October 
21st,  1862,  shall  bear  a  like  interest  and  be  redeemed  in  like 
manner,  by  being  endorsed  on  the  back  thereof  by  the  Na- 
tional Treasurer  thus :  "  He-issued  per  act  of  October  17, 
1865,  with  five  per  cent,  interest  from  this  date." 

SEC.  3. — Beit  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  October  17, 1865. 


AN  ACT  entitled  an  act  to  remove  and  establish  the  site  or 
place  for  holding  Circuit,  County,  and  Probate  Courts  in 
the  County  of  Kiamichi. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  site  or  place  for  holding  the  Cir- 
cuit Court,  the  County  and  Probate  Courts  for  the  County 
of  Kiamichi,  shall  be  at  such  convenient  point  as  near  the 
centre  of  the  County  as  can  be  found,  and  which  shall  be  as- 
certained by  five  commissioners,  to  be  appointed  by  the 
County  Judge  of  said  County  of  Kiamichi. 

SEC.  2. — Be  it  further  enacted,  That  when  the  five  com- 
missioners appointed  under  this  act  shall  have  agreed  upon 
a  place  for  holding  courts  as  mentioned  in  the  first  section 
of  this  act,  they  shall  report  the  same  to  the  said  County 
Judge,  who  shall  approve  of  the  site  so  selected  by  the  said 
commissioners,  and  proclaim  such  selection  to  the  officers 
and  citizens  of  said  county,  which  proclamation  shall  be 
deemed  by  this  act,  as  if  the  same  had  been  selected  and 
established  by  this  Council,  and  upon  the  issuing  of  said 
proclamation  by  said  County  Judge,  the  law  establishing  the 
court  ground  at  "  Kulli  Chito "  shall  be  considered  as  re- 


420  LAWS  OF   THE 

pealed,  reserving  the  place  of  holding  elections  at  Kulli 
Chito. 

SEC.  3. — Be  it  further  enacted,  That  when  the  court  ground 
is  selected  under  this  act,  and  approved  by  the  County 
Judge,  the  five  commissioners  shall  agree  upon  some  name 
by  which  it  shall  be  known  to  the  public. 

SEC.  4. — Be  it  further  enacted.,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  17,  1865. 


AN  ACT  entitled  an  act  to  authorize  the  appointment  of 
five  Commissioners  with  authority  to  proceed  to  Washing- 
ton City,  to  complete  negotiations  with  the  Government 
of  the  United  States  recently  commenced  at  Fort  Smith, 
Ark. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  a  commission  consisting  of  five  per- 
sons, one  from  each  district  and  two  from  the  Nation  at 
large,  be  recommended  to  the  General  Council  by  the  Princi- 
pal Chief,  which  recommendation  shall  be  subject  to  the  rati- 
fication by  joint  vote  of  both  Houses  of  General  Council. 

SEC.  2. — Be  it  further  enacted,  That  such  commissioners, 
when  so  appointed,  shall  proceed  to  Washington  City  at  such 
time  as  may  be  agreed  on  by  them  with  the  commissioners 
on  the  part  of  the  Chickasaw  Nation,  for  the  purpose  of 
completing  negotiations  with  the  Government  of  the  United 
States,  commmenced  at  Fort  Smith,  Arkansas,  on  the  15th 
September,  A.  D.  1865. 

SEC.  3. — Be  it  further  enacted,  That  the  commissioners  so 
appointed  be  and  the  same  are  hereby  empowered  to  elect 
some  person  suitably  qualified,  who  shall  act  as  secretary 
for  the  commissioners,  whose  compensation  shall  be  the 
same  as  that  of  a  commissioner. 


CHOCTAW  NATION.  421 

SEC.  4. — Be  it  further  enacted,  That  the  commissioners  ap- 
pointed under  this  act  shall  be  entitled  to  compensation  at 
the  rate  of  three  dollars  each  per  day,  and  mileage,  during 
the  time  for  which  service  is  rendered,  in  addition  to  the  pay- 
ing of  their  expenses. 

SEC.  5. — Be  it  further  enacted,  That  should  any  agreement 
or  stipulations  be  entered  into  between  the  commissioners 
appointed  under  this  act  and  the  Government  of  the  United 
States,  such  agreement  or  stipulations  shall  be  ratified  by 
the  General  Council  of  the  Choctaw  Nation,  before  any  part 
thereof  shall  be  in  force  or  binding. 

SEC.  6. — Be  it  further  enacted,  That  the  commissioners  ap- 
pointed under  this  act,  shall  be  governed  by  such  instruc- 
tions as  may  be  ordered  by  joint  Council  in  executive 
session. 

SEC.  7. — Be  it  further  enacted.  That  this  act  take  effect 
and  be  in  force  and  have  effect  from  and  after  its  passage. 

The  above  act  having  been  vetoed,  passed  by  unanimous 
vote  of  both  Houses,  the  17th  October,  A.  D.  1865. 


AN  ACT  entitled  an  act  granting  that  part  of  Blue  County 
in  the  forks  of  Boggy  to  be  attached  to  Atoka  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  that  part  of  Blue  County  known  as  being 
in  the  Forks  of  Boggy,  be  and  the  same  is  hereby  attached 
to  and  form  a  part  of  Atoka  County,  and  that  from  and  after 
the  passage  of  this  act,  Clear  Boggy  shall  constitute  the 
northeastern  boundary  of  Blue  County. 

SEC.  2. — Be  it  further  enacted,  That  all  acts  or  parts  of 
acts  heretofore  passed,  coming  in  any  manner  in  conflict 
with  the  provisions  of  this  act,  be  and  the  same  is  hereby 
repealed. 

Approved,  October  17, 1865. 


422  LAWS   OF  THE 

AN  ACT  entitled  an  act  for  the  relief  of  the  members  and 
officers  of  the  present  General  Council. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  National  Treasurer  of  this  Nation 
is  hereby  authorized  and  required  to  call  upon  the  several 
County  Treasurers  of  this  Nation  for  the  surplus  Choctaw 
Treasury  warrants  remaining  in  their  hands,  the  same  not 
being  disposed  of  by  law,  and  the  National  Treasurer  shall, 
upon  receiving  the  said  warrants,  issue  to  the  said  County 
Treasurers  his  receipt  for  the  amount  thus  received,  which 
receipt  shall  be  a  sufficient  voucher  for  the  County 
Treasurers  in  their  settlement  with  the  National  autho- 
rities. 

SEC.  2. — Be  it  furtJier  enacted,  That  the  Treasurer  shall,  out 
of  the  warrants  thus  received,  retain  in  hand  a  sufficiency  to 
pay  the  members  and  officers  of  the  present  Council  for  their 
services  at  this  term,  etc. ;  the  residue  of  the  warrants  thus 
received,  to  be  used  by  the  National  Treasurer,  in  the  liqui- 
dation of  the  general  indebtedness  of  the  Nation. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Treasurer 
be  and  is  hereby  required  to  call  for  the  several  County 
Treasurers'  receipts,  to  be  delivered  to  him,  the  same  being 
in  the  hands  of  the  Principal  Chief. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage,  and  that  all  acts  and 
parts  of  acts  coming  in  any  manner  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Approved,  October  17,  1865. 


AN  ACT  entitled  an  act  for  the  relief  of  J.  M.  Nail  and  Dr.  T. 
J.  Bond  for  services  rendered  therein  mentioned. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  two  hundred  and  one  dol- 


CHOC  TAW  NATION.  423 

lars  and  fifty  cents  be  allowed  to  J.  M.  Nail  for  his  services 
and  use  of  two  four-mule  teams  for  thirty-one  days  at  six  dol- 
lars and  fifty  cents  per  day ;  and  that  the  sum  of  two  hundred 
dollars  be  allowed  to  Dr.  T.  J.  Bond  for  services  rendered,  in 
procuring  funds  for  the  Nation,  and  attending  to  the  purchas- 
ing of  cotton  cards  at  Houston,  Texas,  etc.,  number  of  days 
on  duty  being  sixty  days  at  two  dollars  and  fifty  cents  per 
day  ;  the  National  Auditor  be  and  he  is  hereby  instructed  to 
issue  his  warrant  on  the  National  Treasurer  in  favor  of  J.  M. 
Nail  and  T.  J.  Bond  for  the  amount  herein  allowed  to  each 
of  them. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  18,  1865. 


AN  ACT  entitled  an  act  supplementary  to   the  bill  for  the 
relief  of  J.  M.  Nail  and  T.  J.  Bond. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  further  sum  of  two  hundred  and 
twenty  dollars  be  and  the  same  is  hereby  allowed  to  J.  M. 
Nail,  to  remunerate  him  for  the  services  of  a  wagon  and  team — 
he  having  had  two  four-mule  wagons  and  teams  in  service  for 
forty-three  days,  and  that  the  National  Auditor  is  hereby  re- 
quired to  issue  his  warrant  on  the  National  Treasurer  for  the 
same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  18,  1865. 


AN  ACT  entitled  an  act  locating  the  election  precinct  of  Tama- 
hushi  to  Boggy  Depot. 

SEO.  1.— Be  it  enacted  by  the  General  Council  of  the  Choctaw 


424  LAWS   OF  THE 

* 

Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  the  election  precinct  formerly  held  at  Tamahushi  is  here- 
by removed  to  Boggy  Depot  to  be  called  Boggy  Depot  pre- 
cinct of  Blue  County. 

SEC.  2. — Be  it  further  enacted,  That  this  act  repeals  the  for- 
mer precinct,  and  that  this  act  be  in  force  from  and  after  its 
passage. 

Approved  October  18, 1865. 


AN  ACT  entitled  an  act  appropriating  money  for  the  contin- 
gent expenses  of  the  Choctaw  Government. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  four  hundred  dollars  be  and 
the  same  is  hereby  appropriated  for  the  contingent  expenses 
of  the  Choctaw  Government  for  the  year  1866,  to  be  ac- 
counted for  in  the  manner  directed  by  the  act  approved 
October  16,  1860,  Section  8,  and  that  the  National  Auditor  is 
hereby  directed  to  issue  his  warrant  on  the  National  Treas- 
ury for  the  amount  appropriated  above. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take  ef- 
fect, and  be  in  force  from  and  after  its  passage. 

Approved,  October  18,  1865. 


AN  ACT  supplementary  to  an  act  entitled  an  act  to  authorize 
the  appointment  of  five  Commissioners  with  authority  to 
proceed  to  Washington  City,  to  complete  negotiations  with 
the  Government  of  the  United  States,  recently  commenced 
at  Fort  Smith,  Ark. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  in  pursuance  of  an  act  passed  October 
17, 1865,  by  two-thirds  votes  of  both  houses  of  the  General 


CHOCTAW  NATION.  425 

Council,  the  Commissioners  to  be  elected,  when  so  elected, 
shall  be  commissioned  by  the  Principal  Chief  of  the  Choctaw 
Nation,  and  that  any  three  of  said  Commissioners  shall  con- 
stitute a  quorum  to  do  business,  and  that  in  case  of  death  or 
resignation  of  any  of  the  Commissioners  aforesaid,  the  Prin- 
cipal Chief  shall  fill  such  vacancies  by  appointment. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take  effect 

and  be  in  force  from  and  after  its  passage. 

t 
Approved,  October  18, 1865. 


AN  ACT  entitled  an  act  locating  additional  precinct  in  Atoka 

County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Chodaio 
Nation  assembled,   That  an   election  precinct  be  located  at 
Martin   Chuckmubbi's   Spring,  to  be  called  Martin  Chuck 
mubbi's  election  precinct  for  Atoka  County. 

SEC.  2. — Be  it  further   enacted,   That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  19, 1865. 


AN  ACT  entitled  an  act  for  the  relief  of  James  Thompson, 
Jerry  Wade,  Sampson  Loring  and  James  Eiley,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  National  Auditor  be  and  he  is 
hereby  instructed  to  ascertain  the  time  when  George  Hudson, 
former  Principal  Chief  of  this  Nation,  did  remove  from  office 
the  following  named  officers,  to  wit :  Hon.  James  Thompson, 
then  as  now,  Supreme  Judge,  Hon.  Jerry  Wade,  then  Su- 
preme Judge,  Hon.  James  Kiley,  then  Circuit  Judge,  and 
Maj.  Sampson  Loring,  then  District  Attorney  for  Push  Dis- 


426  LAWS  OF  THE 

trict,  and  compute  each  case  from  the  time  of  their  removal 
up  to  the  time  when  their  respective  term  of  service  would 
have  expired,  and  allow  each  of  them,  the  salaries  due  under 
the  law,  and  issue  his  warrant  on  the  Treasurer  for  the  same ; 
and  the  sum  equal  to  the  payment  of  such  warrants,  be  and 
the  same  are  hereby  appropriated,  and  this  act  to  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  18,  1865. 


AN  ACT  entitled  an  act  appropriating  a  certain  sum  of  money 
for  the  pay  of  James  Thompson,  for  purchasing  cotton  and 
distributing  the  same  to  refugees  of  Moshulatubbee  Dis- 
trict, C.  N. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  one  thousand  two  hundred 
and  fifty  dollars  be,  and  is  hereby  appropriated  to  pay  James 
Thompson  for  services  rendered  in  purchasing  cotton  and 
distributing  the  same  to  the  refugee  citizens  of  Moshulatub- 
bee District,  C.  N.,  the  said  sum  to  be  taken  and  received  as 
full  compensation  for  his  time  consumed  and  all  other  ex- 
penses, he  may  have  incurred  while  issuing  the  said  cotton ; 
provided,  that  this  act  shall  not  be  so  construed  as  to  include 
the  expenses  of  hauling  said  cotton. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor  be 
and  is  hereby  directed  to  issue  his  warrant  for  the  above 
amount  on  the  National  Treasurer,  in  favor  of  the  said  James 
Thompson. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

SEC.  4. — Be  it  further  enacted,  That  said  James  Thompson 
be  and  he  is  hereby  released  from  the  obligation  of  his  bond 
as  purchasing  agent  for  refugees  of  Moshulatubbee  District. 

Approved  October  19,  1865. 


CHOCTAW  NATION.  427 

AN  ACT  entitled  an  act  for  the  relief  of  K.  M.  Jones. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sum  of  twelve  hundred  dollars 
be  and  the  same  is  hereby  appropriated  out  of  any  money  in 
the  National  Treasury,  not  otherwise  appropriated,  to  pay 
E.  M.  Jones  for  about  twenty-four  hundred  bushels  of  his 
corn,  taken  from  his  Shawneetown  farm,  in  June  last,  1865, 
under  the  direction  of  Charles  J.  Stewart,  and  divided  among 
the  destitute  citizens  of  this  Nation,  principally  of  Red  Eiver 
county,  supposing  the  corn  taken,  to  belong  to  the  Confed- 
erate States  Government,  and  the  National  Auditor  is  hereby 
required  to  issue  his  warrant  upon  the  National  Treasurer 
for  the  amount. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  October  19, 1865. 


AN  ACT  entitled  an  act  relieving  the  National  Auditor  and 
National  Treasurer. 

Whereas,  the  reports  of  the  National  Auditor  and  Treasu- 
rer for  the  fiscal  year  ending  the  31st  day  of  July,  A.  D. 
1865,  having  examined,  by  a  committee  appointed  to  audit 
the  same,  have  been  found  correct ;  and  whereas,  by  the  fail- 
ure of  the  "  Confederacy,"  the  funds  reported  as  being  on 
hand  by  the  National  Treasurer,  have  become  worthless ; 
Therefore, 

SEC.  1.— Be  it  enacted  ly  the  General  Council  of  the  CJiodaiL 
Nation  assembled,  That  William  Eobuck,  National  Auditor, 
and  Allen  Wright,  National  Treasurer,  be  and  the  same -are 
hereby  relieved  from  the  bonds  into  which  they  may  have 
entered  for  the  term  of  service,  beginning  1st  October,  1863, 
and  ending  1st  October,  A.  D.  1865. 


428  LAWS  OF  THE 

SEC.  2. — Be  it  further  enacted,  That  Allen  Wright,  National 
Treasurer,  be  hereby  relieved  from  any  further  responsibility, 
as  regards  the  Confederate  money  reported  as  being  in  his 
hands. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  19,  1865. 


AN  ACT  entitled  an  act  for  the  relief  of  J.  P.  Kingsbury,  for 
account  of  Treasury  warrants  consumed  by  fire. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctatv 
Nation  assembled,  That  the  sum  of  six  hundred  dollars  is 
hereby  appropriated  out  of  any  funds,  not  otherwise  appro- 
priated, to  reimburse  J.  P.  Kingsbury,  for  certain  "  Relief 
Treasury  Warrants,"  which  had  passed  into  his  possession 
and  were  consumed  by  fire,  on  the  31st  day  of  March,  A.  D. 
one  thousand  eight  hundred  and  sixty-four,  and  that  the  Na- 
tional Auditor  is  hereby  authorized  and  required  to  issue  his 
warrant  on  the  National  Treasurer  for  the  same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  19,  1865. 


AN  ACT  entitled  an  act  to  pay  Josephus  Taylor. 

SEC.  1. — Be  it  enacted  by  tJie  General  Council  of  the  Choctaio 
Nation  assembled, 'Thai  the  sum  of  one  hundred  dollars  is 
hereby  appropriated  out  of  any  money  in  the  hands  of  the 
Treasurer,  not  otherwise  appropriated,  to  pay  Josephus  Tay- 
lor for  services  in  hauling  cotton,  etc. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  19, 1865. 


CHOCTAW  NATION.  429 

AN  ACT  entitled  an  act  authorizing  the  appointment  of  three 
persons  to  devise  and  mature  some  plan  for  improving  and 
establishing  the  system  of  education  in  this  Nation  on  per- 
manent basis. 

SEC.  1. — Be  it  enacted  by  the  General  Council,  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  this  Nation  be 
and  is  hereby  authorized  and  required  to  appoint  three  com- 
petent persons,  one  from  each  district,  whose  duty  shall  be 
to  ascertain  the  number  of  schools  in  operation,  the  condition 
and  prospects  thereof,  and  also  to  devise  and  mature  a  plan 
of  perfecting  and  establishing  the  system  of  education  in 
this  Nation  on  a  permanent  and  enlarged  basis,  and  report 
the  same  to  the  General  Council,  in  October  next,  for  its 
action. 

SEC.  2. — Be  it  further  enacted,  That  said  three  persons  so 
appointed,  shall  have  the  right  to  designate  the  time  and 
places  of  their  meeting;  provided,  that  their  first  meeting 
shall  be  held  at  Spencer  Academy,  on  the  first  day  of  Janu- 
uary,  A.  D.  1866,  and  that  any  two  of  whom  shall  constitute 
a  quorum  to  do  business. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Secretary 
is  hereby  directed  to  furnish  a  certified  copy  of  this  act  to 
such  persons  when  appointed. 

SEC.  4. — Be  it  further  enacted,  That  this  act  shall  take  ef- 
fect, and  be  in  force  from  and  after  its  passage. 

Approved  October  19, 1865. 


AN  ACT  entitled  an  act  providing  for  the  mode  of  dealing 
with  Eefugees  committing  depredations  in  the  Choctaw 
Nation. 

Whereas,  many  and  serious  complaints  are  being  made  to 
the  General  Council  of  the  Choctaw  Nation,  from  all  sections 
of  our  country,  setting  forth  the  wanton  destruction  of  stock 


430  LAWS  OF   THE 

and  other  property,  by  the  refugee  Cherokees  and  Creeks 
now  in  our  country  ;  Therefore, 

SEC.  1. — Be  it  enacted  by  the  General-  Council  of  the  CJiocfaw 
Nation  assemUed,  That  the  Principal  Chief  of  the  Choctaw 
Nation  be  and  is  hereby  authorized  and  instructed  to  address 
the  Chiefs  or  head  men  of  those  tribes,  now  settled  as  refu- 
gees in  our  Nation,  urging  upon  them  that  immediate  and 
strenuous  measures  be  taken  by  them  to  put  a  stop  to  any 
further  depredations,  by  members  of  those  tribes,  on  the 
property  of  our  citizens,  otherwise  our  citizens  will  assuredly 
seek  redress  by  such  lawful  mode  as  may  be  in  their  power, 
and  thus  the  good  feelings  which  have  so  long  existed  be- 
tween those  tribes  and  our  citizens,  be  thereby  greatly  dis- 
turbed. 

SEC.  2. — Be  it  'further  enacted,  That  if  any  of  the  refugees 
mentioned  in  the  preceding  article,  shall  be  found  guilty  of 
stealing  or  robbing,  or  in  the  act  of  taking  or  driving  away 
cattle,  horses,  hogs,  or  any  kind  of  property,  without  the 
owner's  consent,  after  the  notification  shall  have  been  given 
by  the  Principal  Chief,  he,  she,  or  they  so  offending,  shall  be 
arrested  and  taken  before  the  proper  authorities,  to  be  dealt 
with  in  such  manner  as  the  law  directs. 

SEC.  3. — Be  it  further  enacted,  That  this  law  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  October  19,  1865. 


RESOLVED  by  the  Senate  and  House  of  Representatives, 
that  both  Houses  meet  to-day  at  four  o'clock,  P.  M.,  in  the 
Senate  Chamber  to  elect  a  Delegation. 

Approved,  October  19,  1865. 

RESOLVED,  That  the  Senate  and  House  of  Representatives 
adjourn  to-night,  at  twelve  o'clock. 
Approved,  October  19,  1865. 


CHOCTAW  NATION.  431 

Whereas,  it  appears  that  Israel  Folsom  furnished  beeves 
for  the  Indians  of  the  Plains,  in  June,  A.  D.  1865,  said  beeves 
being  the  property  of  Giles  Thompson  and  Mrs.  Harriet 
Hoyt;  Therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctmv 
Nation  assembled,  That  the  sum  of  one  hundred  dollars  be, 
and  the  same  is  hereby  appropriated,  to  pay  said  Giles 
Thompson  for  six  beeves  so  furnished,  and  the  sum  of  seven- 
teen dollars  be,  and  the  same  is  hereby  appropriated  to  pay 
Mrs.  Harriet  Hoyt,  a  beef  also  furnished  for  the  same  pur- 
pose ;  and  that  the  National  Auditor  be  and  is  hereby  re- 
quired to  issue  his  warrant  on  the  National  Treasurer  for  the 
same,  in  favor  of  the  said  Giles  Thompson  and  Harriet 
Hoyt. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  October  19  1865. 


AN  ACT  entitled  an  act  changing  the  word  "  considered  "  in 
act  entitled  an  act  temporarily  providing  for  slaves,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  where  the  word  "considered"  is  found 
in  the  act  above  specified  be  stricken  out,  and  "  held "  in- 
serted in  its  place. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  19, 1865. 


AN  ACT  entitled  an  act   authorizing   the    cancellation    of 
Choctaw  Treasury  warrants  remaining  undistributed,  etc. 

SEO.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 


432  LAWS   OF   THE 

Nation  assembled,  That  the  Treasurer  of  this  Nation  be,  and 
is  hereby  authorized  and  required  to  demand  for  and  receive 
of  Samuel  Garland,  or  any  other  person  in  possession  of  the 
same,  so  much  of  Choctaw  Treasury  warrants  as  were  issued 
per  act  October  21st,  1862,  remaining  undistributed,  and  can- 
cel the  same  at  once. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  19,  1865. 


ACTS  AND  EESOLUTIONS 

PASSED  AT  THE 

REGULAR  SESSION  OF  THE  CHOCTAW  GENERAL  COUNCIL, 
OCTOBER,  1866. 

A  BESOLUTTON  adjourning  the  General  Council,  in  order  to 
give  time  to  the  delegation  to  return  home,  and  to  report 
their  actions  at  Washington  to  the  General  Council. 

Be  it  resolved  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  the  present  General  Council  of  the  Choctaw 
Nation  adjourn  this  evening  at  4  o'clock,  the  llth  of  Octo- 
ber, A.  D.  1866. 

Be  it  further  resolved,  That  we  request  the  Principal  Chief 
to  convene  the  Council  on  the  third  Monday  of  November 
next,  A.  D.  1866,  or  at  any  reasonable  time  as  he  may  deem 
proper. 

Be  it  further  resolved,  That  this  resolution  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  11, 1866. 


CHOCTAW  NATION.  433 

AN  ACT  appropriating  money  to   defray  the   expenses  of 
scrubbing  and  cleaning  the  Capitol  building. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  fifty  dollars  is  hereby  ap- 
propriated out  of  any  money,  not  otherwise  appropriated,  to 
defray  the  expenses  of  scrubbing  and  cleaning  the  Capitol 
building,  immediately  after  the  adjournment  of  the  present 
session  of  the  General  Council ;  and  that  Solomon  Jones  is 
hereby  authorized  and  required  to  scrub  and  clean  said  Capi- 
tol building. 

SEC.  2. — Be  it  further  enacted,  That  upon  certificate  of  the 
National  Secretary  that  the  work  of  scrubbing  and  cleaning 
the  Capitol  building  was  properly  done,  etc.,  the  National 
Auditor  is  hereby  directed  to  issue  his  warrant  for  the 
above  amount  upon  the  National  Treasurer,  and  that  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  October  11,  1866. 


Whereas,  that  the  Speaker  of  the  House,  etc.,  has  this  day 
announced  Eev.  Allen  Wright  as  having  received  the  highest 
number  of  votes,  etc.,  and  declared  him  to  be  elected  Princi- 
pal Chief  of  the  Choctaw  Nation,  as  the  Constitution  and 
laws  of  said  Nation  direct ;  Now,  therefore, 

Be  it  resolved  by  the  General  Council  of  the  Cliodaio  Nation 
assembled,  That  the  President  of  the  Senate  and  Speaker  of 
the  House  be,  and  are  hereby  requested  to  inform  Eev.  Allen 
Wright  of  his  election,  and  to  request  him  to  come  to  the 
Capitol  of  this  Nation  without  delay,  etc. 

Passed  the  House,  October  4,  1866. 
Passed  the  Senate,  October  4, 1866. 


434  LAWS  OP  THE 

ACTS  AND   EESOLUTIONS 

PASSED  AT  THE 

CALLED  SESSION  OF  THE  CHOCTAW  GENERAL  COUNCIL, 
NOVEMBER,  1866. 

A  RESOLUTION  authorizing  an  examination  of  the  report  of 
Campbell  Leflore,  etc. 

Be  it  resolved  by  the  General  Council  of  the  Choctaiv  Nation 
assembled,  That  there  shall  be  appointed  by  the  President  of 
the  Senate  and  Speaker  of  the  House  of  Representatives  re- 
spectively, a  committee  of  three  from  each  house,  to  con- 
sider the  report  of  Campbell  Leflore  in  reference  to  the 
•claims  of  the  loyal  Choctaws,  presented  before  the  Court  of 
Commissioners  convened  in  Fort  Smith  in  September  last, 
1866,  with  authority  to  call  before  them  persons  and  papers 
necessary  to  a  full  consideration  of  the  same. 

Be  it  further  resolved,  That  this  resolution  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  November  20,  1866. 


Whereas,  that  the  subject  of  school  is  of  such  importance  that 
it  is  necessary  that  it  should  be  fully  discussed  and  under- 
stood ;  Now,  therefore, 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  next  Saturday  be,  and  is  hereby  set 
apart  for  the  exclusive  discussion  of  the  subject  of  school, 
and  that  the  President  of  the  Senate  and  Speaker  of  the 
House  are  hereby  requested  to  invite  the  District  School 
Trustees  and  Superintendent  Trustee  and  other  prominent 
citizens,  to  participate  with  the  members  of  the  Council  in 
the  discussion  of  the  above  subject,  which  discussion  shall  be 


CHOCTAW   NATION.  435 

opened  at  9  o'clock,  A.  M.,  next  Saturday  in  the  Bepresenta- 
tive  Hall. 

SEC.  2. — Be  it  further  resolved,  That  the  said  President  and 
Speaker  are  hereby  required  to  invite  the  people  in  the 
vicinity  to  attend  and  hear  said  discussion. 

Approved,  November  21,  1866. 


AN  ACT  entitled  an  act  to  amend  an  act  creating  the  office 
of  District  Chiefs,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
should  any  District  Chief  fail  or  neglect  to  be  in  attendance 
as  the  law  requires  of  him  at  the  courts,  etc.,  to  address  the 
people  as  required  of  him  by  law,  the  Circuit  Judge  shall  be 
and  is  hereby  required  to  appoint  some  suitable  person  to 
perform  the  duties  incumbent  upon  the  District  Chief,  and 
shall  give  the  person  performing  the  duties,  a  certificate  for 
the  sum  of  ten  dollars,  to  be  by  the  Auditor  deducted  from 
the  pay  of  the  District  Chief  so  failing. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  November  22,  1866. 


AN  ACT  entitled  an  act  granting  Charles  Leflore  the  privi- 
lege to  erect  a  bridge  on  Clear  Boggy  and  establish  a  toll- 
gate. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
Charles  Leflore  to  establish  a  toll-bridge  across  Clear  Boggy 
where  the  Fort  Smith  and  Boggy  Depot  road  crosses  said 
stream,  upon  the  following  conditions  :  that  if  the  said 


436  LAWS  OF   THE 

Charles  Leflore  shall  well  and  truly  erect,  or  cause  to  be 
erected  a  bridge  across  said  Clear  Boggy,  he  shall  be  entitled 
to  demand  and  receive  therefor  from  persons  passing  over 
the  same,  except  citizens  of  this  Nation,  the  rates  of  toll,  to 
wit :  for  each  four-wheeled  wagon  or  vehicle  drawn  by  a  span 
of  horses,  mules  or  oxen,  twenty -five  cents  ;  and  twenty-five 
cents  for  each  additional  span  ;  twelve  and  a  half  cents  for 
man  and  horse  ;  for  each  animal  in  a  drove  of  horses,  mules, 
cattle,  hogs,  or  sheep,  one  cent ;  and-  for  a  single  horse,  mule, 
or  other  animal,  five  cents. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  or  persons 
not  citizens  of  this  Nation  refuse  to  pay  the  toll  aforesaid, 
upon  application,  with  proper  proof  being  made  to  the  United 
States  Indian  Agent  for  the  Choctaws  and  Chickasaws,  he 
shall  take  such  steps  as  may  be  necessary  to  secure  and  col- 
lect the  same. 

SEC.  3. — Be  it  further  enacted,  That  the  privilege  toll  herein 
granted  shall  take  effect  and  be  in  force  whenever  the  said 
Charles  Leflore  shall  well  and  truly  erect,  or  cause  to  be 
erected,  a  good  and  substantial  bridge,  and  so  long  as  he  may 
keep  the  same  in  good  order,  and  is  responsible  to  all  person 
or  persons  crossing  the  same  with  their  property,  but  shall  in 
no  manner  be  responsible  for  damages  that  may  happen  to 
citizens  of  this  Nation,  provided,  the  privilege  shall  not  con- 
tinue for  a  longer  period  than  ten  years. 

SEC.  4 — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  November  23,  1866. 


RESOLUTION  removing  the  injunction  of  secrecy  which  was 
ordered  by  the  General  Council  in  October,  1865. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That   the   injunction  of  secrecy  enjoined 


CHOCTAW  NATION.  437 

upon  the  Choctaw  Commissioners  in  the  resolution  of  in- 
struction which  was  ordered  by  the  General  Council  in  Octo- 
ber, 1865,  touching  the  project  of  a  treaty  commenced  at 
Fort  Smith  in  September,  A.  D.  1865,  be,  and  the  same  are 
hereby  removed,  and .  the  said  resolution  of  1865  be  placed 
on  file  among  the  papers  in  the  office  of  the  National  Secre- 
tary. 

SEC.  2. — Be  it  further,  resolved,  That  this  resolution  take 
effect  from  and  after  its  passage. 

Approved  November  26,  1866. 


AN  ACT  entitled  an  act  granting  James  D.  Davis  the  privilege 
to  erect  a  bridge  on  Middle  Boggy  and  establish  a  toll 
gate,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
James  D.  Davis  to  establish  a  toll  bridge  across  Middle 
Boggy  at  his  present  place  of  residence  at  or  near  the  place 
where  the  Fort  Smith  and  Boggy  Depot  road  crosses  said 
stream,  on  the  following  condition  :  That  if  the  said  James 
D.  Davis  shall  well  and  truly  erect  or  cause  to  be  erected  a 
bridge  across  said  Middle  Boggy,  he  shall  be  entitled  and 
receive  therefor,  from  persons  passing  over  the  same,  except 
citizens  of  this  Nation,  the  rates  of  toll,  to  wit :  For  each 
four-wheeled  wagon  or  vehicle  drawn  by  a  span  of  horses, 
mules,  or  oxen,  twenty-five  cents  ;  and  twenty-five  cents  for 
each  additional  span ;  twelve  and  a  half  cents,  for  man  and 
horse  ;  for  each  animal  in  a  drove  of  horses,  mules,  cattle, 
hogs,  or  sheep,  one  cent ;  for  each  led  horse  or  mule,  five 
cents. 

SEC.  2. — Be  it  further  enacted,  That  any  person  or  persons 
not  a  citizen  of  this  Nation,  refuse  to  pay  the  toll  aforesaid, 
upon  application  with  proper  proof  being  made  to  the  United 


LAWS  OP  THE 

States  Indian  Agent  for  the  Choctaws  and  Chickasaws,  he 
shall  take  such  steps  as  may  be  necessary  to  secure  and  col- 
lect the  same. 

SEC.  3. — Be  it  further  enacted,  That  the  privilege  toll  herein 
granted  shall  take  effect  and  be  in  force,  whenever  the  said 
James  D.  Davis  shall  well  and  truly  erect  or  cause  to  be 
erected  a  good  and  substantial  bridge  across  said  Middle 
Boggy,  and  so  long  as  he  keep  the  same  in  good  order,  and 
is  responsible  to  all  person  or  persons  crossing  the  same  with 
their  property,  but  shall  in  no  way  be  responsible  for  damages 
that  may  happen  to  citizens  of  this  Nation  ;  provided,  that  the 
privilege  continue  for  no  longer  period  than  ten  years. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  December  1, 1866. 


AN  ACT  entitled  an  act  appropriating  certain  sum  of  money 
for  the  relief  of  Caleb  Impson. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  twenty-five  dollars  be  and 
the  same  is  hereby  appropriated  to  pay  Caleb  Impson  for 
beef  furnished  the  wild  tribes  at  the  Grand  Council  held  at 
Armstrong  Academy  in  January,  1863,  and  that  the  National 
Auditor  be  required  to  issue  his  warrant  on  the  National 
Treasurer  for  the  same. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  December  1, 1866. 


A  RESOLUTION  authorizing  an  appointment  of  draughtsman. 
SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 


CHOCTAW  NATION.  439 

Nation  assembled,  That  Campbell  Leflore  be  and  is  hereby  au- 
thorized and  required  to  act  as  draughtsman  to  the  General 
Council  at  its  present  session  and  shall  receive  four  dollars 
per  day  during  in  actual  service. 

SEC.   2. — Be  it  further  resolved,  That  this  resolution  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  4,  1866. 


AN  ACT  entitled  an  act  making  the  appropriation  for  the  con- 
tingent expenses  of  the  Choctaw  Government. 

SEC.  1. — Be  it  enacted  by  the  General  Coundl  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  four  hundred  dollars  is 
hereby  appropriated  for  the  use  of  the  Executive  of  this  Na- 
tion for  defraying  the  contingent  expenses  of  the  Choctaw 
Government,  to  be  accounted  for  by  said  Executive  to  the 
next  regular  General  Council,  as  required  in  Section  8  of  the 
act  to  define  certain  duties  of  the  Principal  Chief  of  the 
Choctaw  Nation,  approved  October  16,  1860,  and  that  this 
act  shall  takeeffect  and  be  in  force  from  and  after  its  passage. 

Approved,  December  4,  1866. 


WJiereas,  we  have  received  with  the  most  profound  sorrow 
and  regret  the  sad  intelligence  of  the  death  of  our  lamented 
friend  and  fellow-citizen,  George  Hudson,  ex-Principal  Chief 
of  the  Choctaw  Nation ;  and  whereas,  it  is  due  and  proper 
that  we  should  pay  a  tribute  of  respect  to  the  memory  of  one 
who  was  a  faithful  and  zealous  advocate  and  defender  of  the 
rights  and  interest  of  his  people ;  and  n-Jiereas,  we  recognize 
with  patriotic  pride  and  commendation  the  faithful  services 
he  has  rendered  his  country  while  acting  as  Principal  Chief 
of  the  Choctaw  Nation;  now,  therefore, 


440  LAWS  OF  THE 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  family  of  the  deceased  in  their 
bereavement  have  our  warm  sympathy. 

SEC.  2. — Be  it  further  resolved,  That  as  a  token  of  respect  to 
the  memory  of  the  deceased,  that  the  General  Council  do  now 
adjourn  until  Tuesday  morning,  and  that  we  wear  the  usual 
badge  of  mourning  for  thirty  days. 

SEC.  3. — Be  it  further  resolved,  That  these  resolutions  be  en- 
tered upon  the  journal  of  both  houses  of  the  General  Council, 
and  that  the  National  Secretary  be  and  is  hereby  required  to 
forward  a  copy  of  the  same  to  the  family  of  the  deceased. 

Approved  December  11,  1866. 


AN  ACT  entitled  an  act  granting  to  Greenwood  Thompson  the 
privilege  to  turnpike  the  Narrows  and  establish  a  toll  gate 
thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
Greenwood  Thompson  to  establish  a  toll  gate  at  a  place  on 
the  public  road  in  the  Nation  leadiog  from  Boggy  Depot,  C. 
N.,  to  North  Forktown,  Creek  Nation,  at  the  Narrows  known 
as  the  Limestone  Gap,  upon  the  following  conditions  and 
terms ;  That  if  the  said  Greenwood  Thompson  turnpike  by 
grading  the  earth  and  leveling  with  stone,  the  said  place 
called  the  Limestone  Gap  or  Narrows,  he  shall  be  entitled  to 
demand  and  receive  therefor,  from  all  persons  passing  on  the 
same,  except  from  citizens  of  this  Nation,  the  rates  of  toll ;  to 
wit :  For  each  four-wheeled  wagon  or  other  vehicle  drawn  by 
four  or  more  horses,  mules,  or  oxen,  with  driver,  the  sum  of  fifty 
cents ;  for  each  four-wheeled  wagon  or  vehicle  drawn  by  one 
or  two  horses,  oxen  or  mules,  with  driver,  the  sum  of  twenty- 
five  cents  ;  for  man  and  horse,  ten  cents ;  for  each  person  on 
foot  the  sum  of  five  cents  ;  for  each  animal  in  every  drove  of 
cattle,  horses,  hogs  and  sheep,  the  sum  of  one  cent. 


CHOCTAW   NATION.  441 

SEC.  2. — Be  it  further  enacted,  That  the  privilege  to  receive 
toll  herein  given  shall  not  take  efiect  until  said  turnpike  is 
completed,  and  shall  continue  in  full  force  for  the  period  of 
six  years  ;  provided,  said  turnpike  shall  continue  to  be  kept  in 
good  order  and  repair. 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons not  citizens  of  this  Nation  refuse  to  pay  the  toll  afore- 
said, upon  application,  with  proper  proof,  being  made  to  the 
United  States  Indian  Agent  for  Choctaws  and  Chickasaws, 
he  shall  take  such  steps  as  may  be  necessary  to  secure  and 
collect  the  same. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

It  becomes  law  by  its  own  limitation,  December  14, 
1866. 


AN  ACT  granting  Jonathan  Nail  the  privilege  of  building  a 
Toll  Bridge  across  the  Blue  River  at  the  present  crossing 
of  the  Boggy  and  Sherman  road. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act  the  privilege  of  building  a  toll  bridge  across  the  Blue 
River  at  his  present  premises,  is  hereby  granted  to  Jonathan 
Nail,  of  the  County  of  Blue,  Choctaw  Nation. 

SEC.  2. — Be  it  further  enacted,  That  the  rights  and  privi- 
leges thus  granted  be  renewed  at  the  expiration  of  five  years, 
and  the  following  rates  of  toll  shall  be  allowed  the  said 
Jonathan  Nail,  to  be  collected  from  all  persons  crossing  said 
bridge,  except  citizens  of  this  Nation,  &c.  :  For  a  four- 
wheeled  wagon  drawn  by  one  yoke  of  oxen  or  span  of  horses, 
twenty -five  cents  ;  wagon  drawn  by  more  than  one  yoke  of 
oxen  or  span  of  horses,  fifty  cents ;  man  and  horse,  ten  cents ; 


442  LAWS  OF  THE 

footman  and  led  horse,  five  cents;  for  all  loose  stock  in 
droves  or  herds,  one  cent  per  head. 

SEC.  3. — Be  it  further  enacted,   That  this   act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  December  13,  1866. 


AN  ACT  entitled  an  act  for  the  relief  of  II.  Clay,  for  services 
rendered  therein  mentioned. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sum  of  ninety-one  dollars  and 
twenty  cents  is  hereby  appropriated  out  of  any  money  in 
the  National  Treasury,  not  otherwise  appropriated,  to  pay 
Captain  H.  Clay,  &c.,  auxiliary  for  guarding  goods,  &c.,  and 
the  National  Auditor  will  issue  his  warrant,  in  favor  of  the 
said  H.  Clay,  upon  the  Treasurer,  for  the  same,  &c. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  December  13,  1866. 


AN  ACT  granting  George  TV.  Kiddle  the  privilege  of  building 
a  Toll  Bridge  across  the  Fouchinaline,  and  establish  a  Toll 
Gate  thereat. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaiv 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
George  W.  Riddle  to  establish  a  bridge  and  a  toll-gate  on 
Fouchmaline  stream,  near  his  residence,  on  the  road  leading 
from  Fort  Smith  to  Boggy  Depot,  upon  the  following  condi- 
tion and  terms :  That  if  the  said  George  W.  Kiddle  shall 
well  and  truly  erect  or  cause  to  be  erected  a  bridge  across 
said  Fouchmaline,  he  shall  be  entitled  to  demand  and  re- 
ceive therefor,  from  all  persons  passing  over  the  same,  ex- 


CHOCTAW  NATION.  443 

cept  from  citizens  of  this  Nation,  the  rates  of  toll — to  wit : 
For  each  four-wheeled  wagon  drawn  by  four  or  more  horses, 
mules  or  oxen,  with  driver,  the  sum  of  fifty  cents ;  for  each 
four-wheeled  wagon  or  other  vehicle  drawn  by  one  or  two 
horses,  mules  or  oxen,  the  sum  of  twenty-five  cents  ;  for  each 
man  and  horse,  the  sum  of  ten  cents  ;  for  each  animal  in 
every  drove  of  cattle,  horses,  mules,  hogs  and  sheep,  one 
cent. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  not  a 
citizen  of  this  Nation  shall  refuse  to  pay  the  toll  aforesaid, 
upon  application,  shall  be  reported  to  the  United  States  In- 
dian Agent  to  be  by  him  collected,  &c. 

SEC.  3. — Be  it  further  enacted,  That  the  privilege  to  receive 
toll  herein  given  shall  take  effect  and  be  in  force  when  the 
said  George  W.  Riddle  shall  well  and  truly  have  erected  a 
good  bridge,  and  as  long  as  he  shall  keep  the  same  in  good 
repair,  and  be  responsible  for  all  damages  to  any  person 
or  persons  crossing  the  same  with  their  property ;  provided, 
the  privilege  herein  granted  shall  not  continue  for  a  longer 
term  than  five  years. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  December  14,  1866. 


Whereas,  the  General  Council  of  the  Choctaw  Nation  did, 
at  the  close  of  the  war,  find  the  condition  of  the  Nation 
such,  that  the  civil  forces  of  the  Nation  was  insufficient  to 
enforce  the  laws,  &c.,  and  whereas  the  condition  of  the  Na- 
tion is  now  quiet,  and  the  civil  force  of  the  Government 
deemed  sufficient  to  enforce  the  laws ;  therefore, 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  act  creating  an  auxiliary  force  to 


444  LAWS  OF  THE 

aid  the  civil  officers  of  this  Nation  be  and  the  same  is 
hereby  repealed,  and  all  subsequent  acts  thereto. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  December  15,  1866. 


AN  ACT  to  provide  for  the  payment  of  certain  persons  for 
hauling  blankets  for  Apuckshunubbee  District,  &c. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  one  hundred  and  twenty- 
eight  dollars  be  and  the  same  is  hereby  appropriated  out  of 
any  fund  in  the  National  Treasury  not  otherwise  appro- 
priated, to  pay  Ramsey  Bets,  Simeon  Houston,  and  Thomas 
H.  Benton  for  hauling  blankets — to  wit : 

To  Eamsey  Bets,  for  2,720  Ibs.,  at  16  p,  -  -  -  $54  40 
"  Simeon  Houston,  for  one  load,  -----  50  00 
"  Thomas  H.  Benton,  for  6  days,  at  $4  per  day,  24  00 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor 
is  hereby  required  to  issue  his  warrant  upon  the  National 
Treasurer,  the  amount,  &c.,  in  favor  of  the  parties  herein 
named,  &c. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  15,  1866. 


AN    ACT   repealing    an    act  entitled  an  act  to  change  the 
boundary  lines  of  Gains  County. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  act  passed  the  General  Council 
and  approved  October  12th,  1863,  changing  the  boundary 


CHOCTAW   NATION".  445 

lines  of  Gains  County,  be,  and  the  same  is  hereby  repealed ; 
and  that  the  first  boundary  lines  of  Gains  County,  as  estab- 
lished in  the  year  1850,  be,  and  the  same  is  hereby  revived 
and  re-established  for  the  convenience  of  the  counties  of  said 
Gains  and  Sans  Bois  in  Mosholatubbee  District. 

SEC.  2. — Be  it  further  enacted,  That  this  act  be  in  force  and 
effect  from  and  after  its  passage. 

Approved  December  15,  1866. 


AN  ACT  entitled  an  act  to  make  accessories  and  abettors,  etc., 

to  any  crime. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
all  persons  aiding  and  abetting  in  the  commission  of  any 
crime,  or  being  accessories  before  or  after  the  commission  of 
any  crime,  shall  be  held  and  liable  to  answer  the  law  as 
the  principal,  and  the  non-committal  and  trial  of  the  princi- 
pal shall  be  no  relief  to  the  accessory  ;  and  he  or  she  shall  be 
tried  as  though  they  were  principal. 

Approved  December  19,  1866. 


A  EESOLUTION  for  the  adjournment  of  the  Council. 

Resolved  ~by  the  General  Council  of  the  Choctaiv  Nation  as- 
sembled, That  the  present  session  of  the  General  Council  ad- 
journ on  the  21st  instant,  Friday,  at  12  o'clock,  A.  M. 

Approved  December  20,  1866. 


AN  ACT  to  pay  for  the  publication  of  Treaty  1866,  etc. 
SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 


446  LAWS   OF   THE 

taw  Nation  assembled,  That  the  sum  of  one  hundred  and 
fifty  dollars  be,  and  is  hereby  appropriated  to  pay  Allen 
Wright  for  five  hundred  copies  of  the  late  Treaty  by  him  au- 
thorized to  be  published  for  the  use  of  the  Nation,  etc.,  and 
the  National  Auditor  is  hereby  authorized  to  issue  his  war- 
rant upon  the  National  Treasurer  for  the  amount,  etc. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  December  21,  1866. 


SPECIAL  appropriation  to  pay  G.  W.  Thompson  for  furnish- 
ing members  of  General  Council  mourning  badges. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  thirty-one  dollars  and 
eighty-one  cents  be,  and  the  same  is  hereby  appropriated  to 
pay  G.  "W.  Thompson  for  furnishing  mourning  badges  to  the 
Council,  to  be  worn  by  the  members  thereof,  to  the  memory 
of  the  ex-Principal  Chief  of  the  Choctaw  Nation,  George 
Hudson  deceased ;  and  that  the  National  Auditor  issue  his 
warrant  on  the  Treasurer  in  favor  of  G.  W.  Thompson. 

SEC.  2. — Beit  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  December  21, 1866. 


AN  ACT  entitled  an  act  to  provide  for  the  investigation  of 
the  disbursement  of  public  moneys,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  there  be  a  committee  of  three  suitable, 
persons  appointed  by  the  Principal  Chief  of  the  Choctaw  Na- 
tion to  investigate  the  disbursement  of  certain  amounts  of 
National  funds,  to  wit :  in  coin,  thirty-five  thousand  five  hun- 


CHOCTAW  NATION.  447 

dred  and  twenty  dollars  ($35,520) ;  in  treasury  notes,  fifty 
thousand  dollars  ($50,000),  turned  over  to  the  Treasurer  of 
the  Choctaw  Nation  on  the  27th  of  February,  1862,  by  Brig- 
adier-General Albert  Pike,  and  other  moneys  appropriated  by 
the  General  Council  of  the  Choctaw  Nation,  and  placed  in  the 
hands  of  Brigadier  General  D.  H.  Cooper,  to  purchase  corn 
for  the  use  and  benefit  of  the  indigent  Choctaws,  and  all 
other  moneys  to  the  present  time  from  the  year  A.  D.  1857. 

SEC.  2. — Be  it  further  enacted,  That  the  committee  shall  be 
authorized  to  call  for  all  papers  and  persons  that  may  be 
necessary  to  examine  in  order  to  a  full  investigation  of  the 
matter  confided  to  them — their  pay  shall  be  three  dollars  per 
day  and  mileage  ;  the  witnesses  appearing  before  the  com- 
missioners and  testifying,  shall  receive  the  same  pay  and 
mileage  as  is  allowed  them  for  like  services  in  the  county 
courts,  etc. 

SEC.  3. — Be  it  further  enacted,  That  the  Principal  Chief 
shall  advance  such  sum  of  money  to  the  committee  as  he  may 
deem  proper  to  enable  the  committee  to  proceed  at  once  with 
their  duties,  etc. 

SEC.  4. — Be  it  further  enacted,  That  the  transcript  of  the  in- 
vestigations had  by  the  Committee,  shall,  when  finished,  be 
placed  in  the  hands  of  the  Principal  Chief,  to  be  submitted  to 
the  next  General  Council,  etc. ;  the  Chief  shall  then  give  the 
committee  a  certificate  for  the  services  rendered  and  the 
amount  due,  etc. ;  the  National  Auditor  shall  thereupon  issue 
his  warrant  upon  the  National  Treasurer  for  the  amount,  etc. 

SEC.  5. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  21,  1866. 


AN  ACT  to  authorize  the  National  Auditor  to  issue  his  war- 

p}**   *• 

rant  on  the  National  Treasurer  to  each  member  of  the 


448  LAWS  OF  THE 

present  session  of  the  Council,  and  the  presiding  officers  of 
both  Houses,  journalists,  clerks,  sergeant-at-arms,  and 
other  officers  in  attendance. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Cliodaw 
Nation  assembled,  That  the  sum  of  three  dollars  per  day  be, 
and  the  same  is  hereby  allowed  to  each  member  of  the  pres- 
ent session  of  the  Council,  and  each  presiding  officer,  jour- 
nalist, clerks,  sergeant-at-arms,  and  other  officers  in  attend- 
ance on  duty,  to  defray  their  expenses  incurred  during  the 
Council,  and  that  the  sum  sufficient  to  meet  the  foregoing 
purposes  be,  and  the  same  is  hereby  appropriated  out  of  any 
money  in  the  hands  of  the  Treasurer. 

SEC.  2. — Be  it  further  enacted,  That  the  National  Auditor  be 
and  he  is  hereby  instructed  to  issue  his  warrant  on  the  Na- 
tional Treasurer  to  carry  out  the  meaning  and  intention  of 
this  act,  including  their  standing  salaries  provided  for  in 
other  acts. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Re-passed  the  House  by  two-thirds  votes,  December  21, 
1866. 

Re-passed  the  Senate  by  two-thirds  votes,  December  21, 
1866. 


AN  ACT  to  provide  for  the  payment  of  Willis  Hoyubbee,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  CJioctaw 
Nation  assembled,  That  the  sum  of  forty  dollars  ($40)  be,  and 
the  same  is  hereby  appropriated  to  Willis  Hoyubbee  out  of 
any  money  in  the  National  Treasury,  not  otherwise  appro- 
priated, for  coming  to  and  returning  home  from  Armstrong 
Academy,  under  proclamatiau  of  Samuel  Garland,  Principal 
Chief,  in  the  month  of  January,  A.  D.  1863,  and  seven  days 


CHOCTAW   NATION.  449 

at  the  said  place  of  holding  the  Council,  and  the  National 
Auditor  is  hereby  required  to  issue  his  warrant  upon  the 
National  Treasurer  for  the  amount. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  21,  1866. 


AN  ACT  changing  the  place  of  holding  the  Circuit  and  County 
Court  of  Jack's  Fork  County,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  the  Circuit  and  County  Court  ground  of  Jack's  Fork 
County,  formerly  held  in  the  vicinity  of  Josiah  Impson's,  near 
the  road  leading  from  Caffray's  to  the  Blackburn's  place  on 
the  Fort  Smith  and  Boggy  Depot  road,  shall  be  removed  and 
located  at  John  Peter's,  and  to  be  called  Peter's  Court 
ground,  and  the  act  of  the  General  Council  locating  the 
Court  ground  in  the  vicinity  of  Josiah  Impson's  be,  and  the 
same  is  hereby  repealed. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  21, 1866. 


AN  ACT  for  the  relief  of  A.  W.  Carney,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  thirty  dollars  be,  and  the 
same  are  hereby  appropriated  to  A.  W.  Carney  for  feeding 
four  Commanche  chiefs,  three  Osages  and  two  Caddoes,  for 
ten  days  when  there  was  no  provision  furnished  them,  at  the 
Grand  Council  held  at  Armstrong  Academy,  January,  1863, 
29 


450  LAWS   OF   THE 

and  the  National  Auditor  be  required  to  issue  his  warrant 
on  the  Treasurer  for  the  above  amount,  in  favor  of  A.  W. 
Carney. 

SEC.  2. — Be  it  further  enacted,   That  this  act  take   effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  December  21,  1866. 


Whereas,  the  Senate  of  the  United  States  did  on  the  28th 
•day  of  June,  A.  D.  1866,  advise  and  consent  to  the  ratifica- 
tion of  the  articles  of  agreement  and  convention  between  the 
"United  States  and  the  Choctaw  and  Chickasaw  Commission- 
«ers,  and  the  same  having  been  confirmed  by  the  President  of 
'the  United  States  on  the  10th  day  of  July  following ;  and 
whereas,  the  same  having  been  submitted  to  the  General 
•Council  of  the  Choctaw  Nation,  and  having  been  interpreted 
and  fully  explained  ;  therefore, 

SEC.  1. — Be  it  enacted  ~by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  report  of  Choctaw  Commissioners 
and  all  their  acts  respecting  the  negotiations  of  the  late 
Treaty,  made  and  concluded  at  Washington  City  between  the 
United  States  and  the  Choctaw  and  Chickasaw  Nations  of 
Indians  be,  and  the  same  is  hereby  received  and  approved. 

SEC.  2. — Be  it  further  enacted,  That  the  propositions  con- 
tained in  the  3d  and  8th  articles  of  said  Treaty  are  hereby 
deferred  until  the  next  regular  session  of  the  General  Coun- 
cil, and  the  llth  and  47th  articles  are  hereby  referred  to  the 
people  at  large  to  be  declared  through  their  legal  representa- 
tives in  Council  at  the  October  session,  A.  D.  1867,  and  the 
Principal  Chief  is  hereby  required  to  issue  his  proclamation 
when  he  shall  think  expedient,  calling  the  votes  of  the  people, 
th©  specified  articles  above. 

- 


CHOCTAW  NATION.  451 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  December  21,  1866. 


AN  ACT  entitled  an  act  to  extend  the  neighborhood  schools 
throughout  the  Choctaw  Nation. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  District  School  Trustees,  under 
the  direction  of  the  Superintendent  Trustee,  shall  establish 
and  maintain  a  neighborhood  school  in  each  neighborhood 
of  this  Nation,  where  there  are  Choctaw  children  of  proper 
age  to  attend  the  school. 

SEC.  2. — Be  it  further  enacted,  That  the  teachers  of  the 
neighborhood  schools  shall  advise  the  Trustee  in  reference  to 
the  branches  to  be  taught,  as  well  as  the  length  of  the  ses- 
sions and  the  number  of  scholars  to  be  admitted  into  each 
school,  and  that  they  shall  receive  for  their  services  as  teach- 
ers the  sum  of  two  dollars  per  month  for  each  pupil  attending 
the  school,  to  be  paid  by  the  Superintendent  to  each  teacher 
upon  certificate  of  the  District  Trustee  of  the  District  in 
which  such  service  has  been  performed  and  the  amount  due 
for  the  same. 

SEC.  3. — Be  it  further  enacted,  That  the  bond  required  of 
each  School  Trustee  and  Superintendent  in  the  3d  section  of 
"  an  act  to  amend  the  various  acts  in  relation  to  education," 
etc.,  approved  November  11,  1853,  when  executed  by  them, 
and  approved  by  the  Principal  Chief,  shall  be  filed  imme- 
diately thereafter  in  the  office  of  the  National  Secretary  for 
safe  keeping. 

SEC.  4.— Be  it  further  enacted,  That  this  act  shall  take  ef- 
fect, and  be  in  force  from  and  after  its  passage. 

Approved,  December  21,  1866. 


4:52  LAWS  OF  THE 

Wliereas,  a  Commissioner  appointed  by  the  authorities  of 
the  United  States,  did  convene  in  the  City  of  Fort  Smith, 
Ark.,  in  the  month  of  September  last,  1866,  in  compliance 
with  the  49th  and  50th  Articles  of  the  late  Treaty,  concluded 
and  signed  in  the  City  of  Washington  on  the  28th  day  of 
April,  A.  D.  1866,  to  investigate  the  claims  of  loyal  Choctaw 
and  Chickasaw  Indians,  and  Joseph  G.  Heald  and  Reuben 
Wright  of  Massachusetts,  as  provided  in  said  Articles ;  and 
whereas,  it  appears  from  the  report  of  the  parties  engaged  in 
the  defence,  that  fraudulent  claims  to  a  very  large  amount 
were  presented  and  established,  against  the  National  fund  of 
the  Choctaw  and  Chickasaw  Nations,  upon  the  testimony  of 
persons  actuated  by  corrupt  and  mercenary  motives ;  and 
whereas,  the  convening  of  the  Court  of  Commission  beyond 
the  limits  of  the  Choctaw  and  Chickasaw  Nations  was  a  hard- 
ship to  the  defendants,  as  well  as  unusual  in  practice,  to  par- 
ties litigant  to  go  beyond  their  limits  to  adjudicate  their  dif- 
ferences ;  therefore, 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled  (the  Chickasaw  Nation  concurring),  That  a 
solemn  protest  is  hereby  presented  to  the  Honorable  Secre- 
tary of  the  Interior  against  the  confirmation  of  the  awards 
recpmmended  by  the  said  commission,  for  the  reasons  before 
stated,  and  for  the  further  reason,  that  the  hurried  course  of 
examination  adopted  by  the  Commissioners,  gave  the  Nation 
no  chance  to  introduce  rebutting  testimony,  nor  to  offer  any 
legal  remedy  before  the  said  Court  of  Commissioners  ;  hence, 
they  respectfully  refer  the  final  consideration  of  their  inter- 
est to  his  Honor,  soliciting  further  indulgence  to  pre- 
pare a  series  of  depositions  under  the  supervision  of  the 
United  States  Agent  for  Choctaws  and  Chickasaws,  in  order 
to  correct  as  far  as  practicable,  the  wrong  done  to  the  de- 
fendants. 

SEC.  2. — Resolved  further,  That  General  Rice,  one  of  the 
Commissioners  on  the  part  of  the  United  States,  and  Capt; 


CHOCTAW  NATION.  453 

Campbell  Leflore,  junior  counsel  on  behalf  of  the  Choctaw 
Nation,  did  agree,  that  testimonies  might  be  taken  by  the  de- 
fence and  be  considered  as  proper  evidence  by  the  said  Com- 
missioners upon  cases  already  reported  :  and  that  such  testimo- 
nies be  taken  in  the  presence  of  the  United  States  Agent,  who 
shall  certify  that  the  same  has  been  taken  according  to  the 
usual  rules  of  taking  evidence  ;  therefore,  this  Nation,  being 
a  party  interested,  respectfully  request  the  Hon.  Secretary  of 
the  Interior  to  favorably  respond  to  the  solicitation  of  the 
Choctaw  and  Chickasaw  Nations. 

SEC.  3. — And  be  itfurtJier  resdved,  That  the  Principal  Chiei 
of  this  Nation,  be  and  he  is  hereby  authorized  and  requested  to 
transmit  a  certified  copy  of  the  above  resolution  to  the  Se- 
cretary of  the  Interior  through  the  proper  channel  of  com- 
munication with  the  Government  of  the  United  States,  accom- 
panied with  such  report  and  suggestions  as  he  may  deem 
necessary  to  make,  to  the  effect,  that  the  claims  made  under 
the  49th  and  50th  Articles  of  the  treaty  above-mentioned,  be 
suspended,  until  this  Nation  shall  have  further  time  to  intro- 
duce rebutting  testimony. 

Approved  December  21,  1866. 


ACTS   AND   EESOLUTIONS 

PASSED  AT  THE 

REGULAR  SESSION  OF  THE  CHOCTAW  GENERAL  COUNCIL, 
OCTOBER,  1867. 

Resolved  by  the  General  Council  of  the  Choctaw  Nation 
assembled,  That  the  Principal  Chief  of  the  Nation  be  and  he  is 
hereby  instructed  to  respectfully  request  the  Honorable  Com- 
missioner of  Indian  Affairs  at  Washington  City  to  make  no 


454  LAWS  OF  THE 

disbursement  or  disposition  of  Choctaw  money,  other  than  to 
carry  into  effect  the  treaty  stipulations,  or  by  an  act  of  the 
General  Council  of  the  Choctaw  Nation  making  appropria- 
tions for  National  purposes  duly  certified  to  by  the  National 
Secretary;  provided,  however,  the  same  shall  not  interfere 
with  the  due  administration  of  the  intercourse  regulation  of 
the  United  States. 

And  be  it  further  resolved,  That  this  resolution  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  15, 1867. 


AN  ACT  entitled  an  act  granting  to  Wade  N.  Hampton  the 
privilege  to  turnpike  the  Buffalo  Station  and  establish  a 
toll  gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
Wade  N.  Hampton  to  establish  a  toll  gate  at  a  place  on  the 
public  road  in  the  Nation  leading  from  Boggy  Depot,  Choc- 
taw Nation,  to  Fort  Smith,  known  as  the  Buffalo  Station, 
upon  the  following  conditions  and  terms :  That  if  the  said 
Wade  N.  Hampton,  turnpike  by  grading  the  earth  and  lever- 
ing with  stones,  the  said  place  called  the  Buffalo  Station,  he 
shall  be  entitled  to  demand  and  receive  therefor  from  all  per- 
sons passing  on  the  same,  except  from  citizens  of  the  Nation, 
the  rates  of  toll,  to  wit :  For  each  four-wheeled  wagon  or 
other  vehicle  drawn  by  four  or  more  horses,  mules  or  oxen, 
with  driver,  the  sum  of  fifty  cents ;  for  each  four-wheeled 
wagon  or  other  vehicle  drawn  by  one  or  two  horses,  oxen  or 
mules,  with  driver,  the  sum  of  twenty-five  cents  ;  for  man 
and  horse,  ten  cents;  each  person  on  foot  the  sum  of  five 
cents ;  for  each  animal  in  every  drove  of  cattle,  horses,  mules, 
hogs  and  sheep,  the  sum  of  one  cent. 

SEC.  2. — Be  it  further  enacted,  That  the  privilege  to  receive 


CHOCTAW  NATION.  455 

toll  herein  given  shall  not  take  effect  until  said  turnpike  is 
completed  and  shall  continue  in  full  force  for  the  period  of  ten 
years ;  provided,  said  turnpike  shall  continue  to  be  kept  in 
good  order  and  repair. 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  or  persons 
not  citizens  of  this  Nation  refuses  to  pay  the  toll  aforesaid, 
upon  application  with  proper  proof  being  made  to  the  United 
States  Indian  Agent  for  Choctaws  and  Chickasaws,  he  shall 
take  such  steps  as  may  be  necessary  to  secure  and  collect  the 
same. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  17,  1867. 


AN  ACT  to  provide  for  the  collecting  and  printing  of  the 

Choctaw  laws. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  present  session  of  the  General 
Council  shall  elect  one  competent  person,  whose  duty  it  shall 
be  to  have  collected,  printed  immediately  sfter  the  adjourn- 
ment of  the  present  Council,  one  thousand  copies  of  the  laws  of 
the  Choctaw  Nation,  embracing  all  the  printed  and  manuscript 
laws  and  the  treaties  of  1855  and  1866,  and  also  the  reports 
of  Committees  and  the  settlement  of  the  National  Auditors' 
and  the  Treasurers'  accounts  from  A.  D.  1853,  as  well  as  all 
contracts  made  with  Delegations  since  A.  D.  1853.  That  the 
first  half  or  five  hundred  copies  shall  be  in  English,  the 
second  five  hundred  in  Choctaw,  to  be  printed  as  soon  as  the 
translation  can  be  perfected,  which  said  translation,  the  per- 
son having  the  charge  of  the  same  shall  have  the  right  to 
employ  some  competent  person  or  persons  to  assist  him  as 
he  may  think  proper. 


456  ,  LAWS  OF  THE 

SEC.  2. — Be  it  further  enacted,  That  the  present  session  of 
the  General  Council  shall  make  an  appropriation  of  three 
thousand  dollars  for  the  purpose  of  printing  and  binding  of 
the  books,  in  substantial  form,  and  the  National  Auditor  shall 
issue  his  warrant  upon  the  Treasurer  for  the  same,  and  the 
person  having  the  charge  of  the  amount,  shall  keep  a  correct 
account  of  all  the  expenditures  that  may  be  incurred  during 
prosecution  of  the  work,  and  in  the  completion  of  the  whole 
printing  of  said  books,  he  shall  make  a  full  statement,  in 
details,  of  all  expenditures  incurred  thereon  to  the  General 
Council  of  the  Choctaw  Nation,  and  the  money  so  remain- 
ing in  his  hand,  if  any,  shall  be  refunded,  by  the  person  hav- 
ing the  charge  of  the  same. 

SEC.  3. — Be  it  furtJier  enacted,  That  person  so  elected,  into 
whose  hand  the  whole  work  of  translating  and  printing  shall 
be  committed,  and  services  to  be  performed  by  him,  shall  be 
entitled  to  receive  one  thousand  dollars  as  his  compensation, 
and  the  National  Auditor  shall  issue  his  warrant  upon  the 
Treasurer  for  the  same. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  October  17, 1867. 


AN  ACT  entitled  an  act  for  the  relief  of  certain  light-horse 
men  herein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  following  named  light-horse 
men,  on  duty  to  preserve  order  in  and  about  this  place  during 
the  present  session  of  the  General  Council,  shall  each  receive 
one  dollar  and  fifty  cents  per  day,  namely  :  Ilikanchitubi,  Pe- 
sahinlubi,  Big  John,  Wallace  McClure,  Mac  Durant,  William 
Johnson  and  Hotirnayabi ;  and  that  upon  the  certificate  of 
the  Principal  Chief  of  the  number  of  days  of  actual  services 
of  each  of  them,  during  the  present  session,  and  the  amounts 


CHOCTAW   NATION.  457 

due  therefor,  the  National  Auditor  is  hereby  authorized  and 
directed  to  issue  his  warrants  for  the  same  upon  the  National 
Treasurer,  in  favor  of  each  said  light-horse  man  ;  provided, 
that  this  allowance  is  for  services  rendered  during  this 
session  alone. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  18,  1867. 


AN  ACT  entitled  an  act  granting  to  Olarsechubbee  the  privi- 
lege to  turnpike  the  Mountain  Station  and  establish  a  toll 
gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
Olarsechubbee,  to  establish  a  toll  gate  at  the  place  on  the 
public  road  in  the  Nation,  leading  from  Boggy  Depot,  Choc- 
taw  Nation,  to  Fort  Smith,  known  as  the  Mountain  Station, 
upon  the  following  conditions  and  terms ;  That  if  the  said 
Olarsechubbee  turnpike  by  grading  the  earth  and  leveling 
with  stones,  the  said  place  called  the  Mountain  Station,  he 
shall  be  entitled  to  demand  and  receive  therefor  from  all  per- 
sons passing  on  the  same,  except  from  citizens  of  this  Nation, 
the  rates  of  toll,  to  wit :  For  each  four- wheeled  wagon  or 
other  vehicle  drawn  by  four  or  more  horses,  mules  or  oxen,  with 
driver,  the  sum  of  fifty  cents ;  for  each  four-wheeled  wagon, 
or  other  vehicle  drawn  by  one  or  two  horses,  oxen  or  mules, 
with  driver,  the  sum  of  twenty-five  cents  ;  for  man  and  horse, 
ten  cents ;  each  person  on  foot,  the  sum  of  five  cents ;  for 
each  animal,  in  every  drove  of  cattle,  horses,  mules,  hogs  and 
sheep,  the  sum  of  one  cent. 

SEC.  2. — Be  it  further  enacted,  That  the  privilege  to  receive 
toll,  herein  given,  shall  not  take  effect  until  said  turnpike  is 
completed,  and  shall  continue  in  full  force  for  the  period  of 
ten  years,  provided,  said  turnpike  shall  continue  to  be  kept  in 
good  order  and  repair. 


458  LAWS  OF  THE 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons, not  citizens  of  this  Nation,  refuses  to  pay  the  toll  afore- 
said, upon  application,  with  proper  proof  being  made  to  the 
United  States  Indian  Agent  for  Choctaws  and  Chickasaws, 
he  shall  take  such  steps  as  may  be  necessary  to  secure  and 
collect  the  same. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  18,  1867. 


AN  ACT  to  authorize  the  Principal  Chief  to  appoint  a  draughts- 
man for  the  General  Council  during  the  sitting  of  each 
Session,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  this  Nation  be, 
and  he  is  hereby  authorized  to  select  some  competent 
draughtsman,  for  both  Houses  of  the  General  Council,  to 
prepare  bills,  or  reports  of  committees,  and  generally  to  as- 
sist members  of  each  House  in  all  matters  of  legislation  ; 
that,  provided,  he  shall  appoint  draughtsman  alone,  whenever 
requested  to  do  so,  by  the  presiding  officers  of  both  Houses 
of  the  General  Council,  and  to  dismiss  the  same,  when  noti- 
fied by  the  said  officers  that  draughtsman's  services  are  no 
longer  needed. 

SEC.  2. — Be  it  further  enacted,  That  such  draughtsman  shall 
be  allowed  the  same  pay  as  the  journalist  of  each  House,  and 
the  Auditor  shall  issue  his  warrant  for  the  same  upon  the 
certificate  of  the  clerk  of  the  Senate  for  such  services. 

SEC.  3. — Be  it  further  enacted,  That  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  October  18, 1867. 


CHOCTAW  NATION.  459 

THE  HONOEABLE  MEMBERS  OF  THE  GENERAL  COUNCIL  OF  THE 
CHOCTAW  NATION  : 

The  undersigned,  special  committee  on  executive  commu- 
nication between  Choctaw  and  Chickasaw,  in  regard  to  com- 
mittee of  conference,  respectfully  beg  leave  to  report  with 
the  following  resolution  : 

SEC.  1.  —  Resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Principal  Chief  of  the  Choctaw 
Nation  is  hereby  authorized  to  appoint  a  committee  of  two — 
one  from  each  House — who  shall  meet  the  committee  of  con- 
ference at  Tishomingo,  Chickasaw  Nation,  to  inquire  and  as- 
certain the  object  and  intention  of  the  committee  of  confer- 
ence, and  report  the  same  to  the  present  session  of  the  Gene- 
ral Council,  and  also  when  and  where  to  meet. 

SEC.  2. — Resolved  further,  That  the  said  committee  shall  be 
allowed  four  dollars  per  diem,  and  mileage  in  addition  to  pay, 
as  members  of  the  General  Council  of  this  Nation. 

SEC.  3. — Resolved  further,  That  this  resolution  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  18, 1867. 


AN  ACT  for  the  relief  of  Thomas  Holman,  et  al. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choc- 
taw  Nation  assembled,  That  the  sum  of  ($180)  one  hundred 
and  eighty  dollars  is  hereby  appropiated  out  of  any  money 
in  the  National  Treasury,  to  wit  :  sixty  dollars  each  to  Tho- 
mas Holman,  Silas  Nuckwiatubbee  and  Billy  "Williams,  for 
hauling  Government  blankets  from  Boggy  Depot  to  Doakes- 
ville,  Choctaw  Nation. 

SEC.  2.— Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  23, 1867. 


460  LAWS  OP  THE 

AN  ACT  changing  the  place  of  holding  the  Courts  of  Wade 

County,  etc. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tJie  Chodaw 
Nation  assembled,  That  from  and  after  the  passage  of  this 
act,  the  present  Court  and  election  ground  of  Wade  County 
shall  be  changed  from  McDaniel's  to  or  near  the  present 
.premises  of  Joseph  McCray,  and  shall  -be  called  and  known 
as  Kouchouwa,  and  the  act  heretofore  locating  the  said 
Court  and  election  ground  shall  be  and  is  hereby  repealed — 
and  that  this  act  take  effect,  and  be  in  force  from  and  after 
its  passage. 

Approved  October  23, 1867. 


AN  ACT  entitled  an  act  to  change  the  names  and  declare  le- 
gitimate persons  therein  named. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  names  of  Wilson  Leflore  and  An- 
na Bell  Leflore  be  changed  each  and  severally  to  Wilson 
Jones,  jr.  and  Anna  Bell  Jones,  and  that  they  be  declared 
the  legitimate  children  of  said  Wilson  Jones,  senior,  and  shall 
be  entitled  to  all  the  rights  as  heirs-at-la\v  of  said  Wilson 
Jones,  senior,  in  the  same  manner  and  to  the  same  extent  as 
if  they  had  been  born  in  wedlock. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect, 
and  be  in  force  from  and  after  its  passage. 

Approved,  October  23,  1865. 


AN  ACT  supplementary  to  an  act  entitled  an  act  defining  the 
duties  of  the  office  of  Sheriff  in  the  several  Counties  of 
the  Choctaw  Nation,  &c. 

SEC.  1. — Be  it  enacted  by  tte  General  Council  of  the  Choctaw 


CHOC  TAW   NATION.  461 

Nation  assembled,  That  in  case  the  Sheriff  of  any  County  shall 
be  amenable  to  the  law,  and  it  shall  be  necessary  to  issue  a 
writ  or  summon  for  his  arrest  or  appearance  in  court,  the 
process  or  writ  shall  issue  as  in  other  cases,  and  shall  be  by 
the  officer  issuing  such  writ  or  process  directed  to  any  de- 
puty sheriff  or  light-horse  of  his  county,  who  shall,  to  all 
intents  and  purposes  of  law,  be  principal  Sheriff  in  such 
cases  and  execute  writs,  take  bonds,  and  execute  the  judg- 
ments of  the  court  in  such  cases. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  October  25, 1867. 


AN  ACT  entitled  an  act  to  establish  election  precincts  in  the 
County  of  Cedar. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  C/ioc- 
taw  Nation  assembled,  That  from  and  after  the  passage  of 
this  act  there  shall  be  established  in  the  County  of  Cedar 
three  election  precincts — to  wit  :  One  at  Coleman  Cole's  old 
place,  to  be  called  Cedar  Creek  precinct ;  one  at  Spencer 
Academy,  to  be  called  Spencer  precinct ;  and  the  other  at 
Thomas'  Meeting  House,  and  to  be  called  Okhatahtalaya. 

SEC.  2. — Be  it  further  enacted,  That  this  act  shall  repeal  so 
much  of  the  act  of  October  24th,  A.  D.  1860,  as  conflicts 
herewith,  and  that  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved,  October  30,  1867. 


AN  ACT  ent  led  an  act  granting  to  Jack  McCurtain  the 
privilege  to  turnpike  the  Narrows,  and  establish  a  toll- 
gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  tlie  Gliodaw 


462  LAWS  OF  THE 

Nation  assembled,  That  the  privilege  is  hereby  granted  to 
Jack  McCurtain  to  establish  a  toll-gate  at  a  place  on  the 
public  road  in  this  Nation,  leading  from  Fort  Smith,  Arkan- 
sas, to  Boggy  Depot  in  the  Choctaw  Nation,  near  the  present 
residence  of  said  McCurtain,  and  called  the  Narrows,  upon 
the  following  conditions  and  terms :  That  if  the  said  Jack 
McCurtain  turnpike  by  grading  the  earth  and  leveling  with 
stones  the  said  Narrows,  he  shall  be  entitled  to  demand  and 
receive  therefor,  from  all  persons  passing  over  the  same,  ex- 
cept from  citizens  of  this  Nation,  the  rates  of  toll — to  wit : 
For  each  four-wheeled  wagon  or  other  vehicle  drawn  by  four 
or  more  horses,  mules  or  oxen,  with  driver,  the  sum  of  fifty 
cents  ;  for  each  four-wheeled  wagon  or  other  vehicle  drawn 
by  one  or  two  horses,  mules  or  oxen,  with  driver,  the  sum  of 
twenty-five  cents ;  for  each  person  on  horseback,  ten  cents  ; 
for  each  person  on  foot,  and  for  each  led  horse,  mule  or  other 
animal,  five  cents  ;  and  for  each  animal  in  every  drove  of 
cattle,  horses,  hogs  and  sheep,  the  sum  of  one  cent. 

SEG.  2. — Be  ii  further  enacted,  That  the  privilege  to  receive 
toll  herein  mentioned  and  given  shall  not  take  effect  until 
said  turnpike  is  completed,  and  shall  continue  in  full  force 
for  the  period  of  ten  years  ;  provided  the  said  turnpike  shall 
continue  to  be  kept  in  good  order,  and  not  otherwise. 

SEC.  3. — Be  it  further  enacted,  That  if  any  person  or  persons 
not  citizens  of  this  Nation,  refuse  to  pay  the  toll  aforesaid, 
upon  application,  with  proper  proof,  being  made  to  the 
United  States  Indian  Agent  for  the  Choctaws  and  Chicka- 
saws,  he  shall  take  such  steps  as  may  be  necessary  to  secure 
and  collect  the  same. 

SEC.  4. — Be  it  further  enacted,  That  the  privilege  granted 
by  this  bill  extend  one-fourth  of  a  mile  on  each  side  of  said 
turnpike. 

SEC.  5. — Be  it  further  enacted,  That  this  act  take  effect  from 
and  after  its  passage. 

Approved  November  2, 1867. 


CHOCTAW  NATION.  463 

AN  ACT  entitled  an  act  granting  to  Allen  W.  Carney  the  pri- 
vilege to  turnpike  the  Rock  Creek  Mountain,  and  establish 
a  toll-gate  thereon. 

SEC.  1. — Be  it  enacted  ly  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to  Allen 
"W.  Carney  to  establish  a  toll-gate  at  a  place  on  the  public 
road  in  Tobucksy  County,  in  this  Nation,  leading  from  Fort 
Gibson  to  Boggy  Depot,  Choctaw  Nation,  upon  the  follow- 
ing terms  and  conditions  :  That  if  the  said  Allen  W.  Carney 
turnpike,  by  grading  the  earth  and  leveling  with  stones  said 
place  called  the  Kock  Creek  Mountain  of  said  county,  within 
four  hundred  and  forty  yards  each  way  where  the  road 
crosses  said  mountain,  and  he  shall  be  entitled  to  demand 
and  receive  therefor,  from  all  persons  passing  over  the  same, 
except  from  citizens  of  this  Nation,  the  rates  of  toll — to  wit : 
For  each  four-wheeled  wagon  or  other  vehicle  drawn  by  four 
or  more  horses,  mules  or  oxen,  with  driver,  the  sum  of  fifty 
cents ;  for  each  four-wheeled  wagon  or  other  vehicle  drawn 
by  one  or  two  horses,  mules  or  oxen,  with  driver,  the  sum  of 
twenty -five  cents  ;  for  a  man  and  horse,  twelve  and  a  half 
cents ;  for  each  person  on  foot,  the  sum  of  five  cents ;  for 
each  animal  in  every  drove  of  cattle,  horses,  hogs  and  sheep, 
the  sum  of  one  ceut. 

SEC.  2. — Be  it  further  enacted,  That  the  privilege  to  re- 
ceive toll  herein  given  shall  not  take  effect  until  said  turn- 
pike is  completed,  and  shall  continue  in  full  force  for  the 
period  of  ten  years ;  provided,  said  turnpike  continue  to  be 
kept  in  good  order,  and  not  otherwise. 

SEC.  3.— re  it  further  enacted,  That  if  any  person  or  per- 
sons not  citizens  of  this  Nation,  refuse  to  pay  the  toll  afore- 
said, upon  application,  with  proper  proof,  being  made  to  the 
United  States  Indian  Agent  for  Choctaws  and  Chickasaws, 
he  shall  take  such  steps  as  may  be  necessary  to  secure  and 
collect  the  same. 


464  LAWS  OF  THE 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved,  November  5,  1867. 


AN  ACT  entitled  an  act  granting  to  John  Wilkin,  the  privi- 
lege to  build  a  bridge  over  Bayouzil,  one  quarter  of  a  mile 
more  or  less  below  the  present  crossing  of  the  road  lead- 
ing from  Fort  Smith  to  Boggy  Depot,  Choctaw  Nation, 
and  establish  a  toll-gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
John  Wilkin  to  build  a  bridge  over  Bayouzil,  about  one- 
fourth  of  a  mile  below  the  present  crossing  of  the  road  lead- 
ing from  Fort  Smith,  Ark.,  to  Boggy  Depot,  Choctaw  Nation, 
and  to  establish  a  toll-gate  thereon,  upon  the  following  con- 
ditions :  That  if  the  said  John  Wilkin  shall  erect  or  cause  to 
be  erected  a  good  and  substantial  bridge  across  Bayouzil  at 
the  above  mentioned  place,  and  shall  cut  out  and  make  a 
good  road  running  from  Washington  McDaniel's,  by  said 
bridge,  intersecting  the  Fort  Smith  road  at  some  convenient 
point,  and  shall  keep  said  road,  so  cut  out,  in  good  order  and 
condition,  he  shall  be  entitled  to  demand  and  receive  there- 
for from  all  persons  passing  over  the  same,  except  from  citi- 
zens of  this  Nation,  the  rates  of  toll — to  wit :  For  each  four- 
wheeled  wagon  or  vehicle  drawn  by  four  or  more  horges, 
mules  or  oxen,  with  driver,  the  sum  of  fifty  cents  ;  for  each 
four-wheeled  wagon  or  other  vehicle  drawn  by  one  or  two 
horses,  mules  or  oxen,  the  sum  of  twenty-five  cents  ;  for 
each  person  on  horseback,  ten  cents ;  for  each  person  on 
foot,  and  for  each  led  horse,  mule,  or  other  animal,  five 
cents  ;  and  for  each  animal  in  every  drove  of  cattle,  horses, 
sheep  and  hogs,  the  sum  of  one  cent. 

SEC.  2. — Be  it  further  enacted,  That  the  privilege  to  re- 


CHOCTAW   XATIOX.  465 

ceive  toll  herein  granted,  shall  not  take  effect  until  said  road 
and  bridge  is  completed,  and  shall  continue  in  full  force  for 
the  period  of  ten  years  ;  provided,  said  bridge  and  road  shall 
continue  to  be  kept  in  good  order  and  condition,  and  not 
otherwise. 

SEC.  3. — Be  it  further  enacted,  That  any  person  not  citizen 
of  this  Nation,  refusing  to  pay  the  toll  aforesaid,  upon  ap- 
plication, with  proper  proof,  being  made  to  the  United  States 
Indian  Agent  for  the  Choctaws  and  Chickasaws,  he  shall 
take  such  steps^as  may  bo  necessary  to  secure  and  collect  the 
same. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  November  5,  1867. 


AN  ACT  amendatory  to  an  act  entitled  an  act  providing  for 
and  directing  the  manner  of  taking  the  census  of  the 
Choctaw  Nation,  approved  November  4th,  1857. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  an  act  entitled  an  act  providing  for 
and  directing  the  manner  of  taking  the  census  of  the  Choc- 
taw  Nation,  approved  November  4th,  1857,  be  and  the  same 
are  amended  as  to  read  thus  :  That  in  section  10th  in  4th 
line,  stike  out  tlie  word  "  Governor,"  and  insert  in  lieu  thereof 
the  word,  Principal  Chief ;  and  also  to  strike  out  the  word, 
"  the  President  of  the  Board  of  Police  for  such  counties,  who 
shall  order  an  election  to  supply  the  vacancy  according  to 
law,"  and  insert  the  following  words,  "the  Principal  Chief  of 
the  Nation,  who  shall  fill  the  vacancy  for  all  such  delinquent 
sheriffs." 

SEC.  2. — And  be  it  further  enacted,  That  in  section  llth,  in 
the  6th  line,  the  words  "  Board  of  Police  "  be  stricken  out, 
30 


466  LAWS  OF  THE 

and  insert  "  County  Judge,"  and  also  to  strike  out  the  word 
"  slave  form  "  prescribed  in  the  act,  and  insert  in  lieu  thereof 
"  freedmen  from  States  and  other  nations." 

SEC.  3. — And  be  it  further  enacted,  That  the  Principal 
Chief  is  hereby  instructed  to  issue  his  proclamation  to  the 
effect,  that  the  sheriff  of  each  and  every  county  of  this  Na- 
tion shall  commence  taking  the  census  of  the  Nation  on  the 
first  Monday  of  December,  1867,  and  shall  make  his  return 
on  or  before  the  first  day  of  February  next,  1868,  accord- 
ing to  the  form  prescribed  in  the  act  approved  November 
4th,  1857  ;  provided,  however,  that  this  act  shall  not  be  con- 
strued as  annulling  the  third  section  of  an  act  approved 
November  4th,  1857,  after  the  1st  day  of  February,  A.  D. 
1868. 

SEC.  4. — And  be  it  further  enacted,  That  this  act  be  in  force 
from  and  after  its  passage. 

Approved,  November  5,  1867. 


.AN  ACT  entitled  an  act  granting  to  John  James  the  privi- 
lege to  erect  a  bridge  on  James'  Creek  and  establish  a  toll 
gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to  John 
James  to  establish  a  toll  gate  on  the  road  leadkigfrom  Boggy 
Depot,  Choctaw  Nation,  to  Texas,  at  his  present  place  of  re- 
sidence, on  said  James'  Creek  in  Blue  County,  four  hundred 
and  forty  yards  up  and  down  the  Creek,  upon  the  following 
terms  and  conditions  :  Tha't  if  the  said  James  shall  well  and 
truly  erect  or  cause  to  be  erected  a  bridge  across  said  James' 
Creek,  he  shall  be  entitled  to  demand  and  receive  therefor, 
from  all  persons  passing  over  the  same,  except  from  citizens 
•of  this  Nation,  the  rates  of  toll — to  wit :  For  each  four- 
wheeled  wagon  or  other  vehicle  drawn  by  four  or  more  horses, 


CHOCTAW  NATION.  467 

mules  or  oxen,  with  driver,  the  sum  of  fifty  cents ;  for  each 
four-wheeled  wagon  or  other  vehicle  drawn  by  one  or  two 
horses,  niules  or  oxen,  with  driver,  the  sum  of  twenty-five 
cents  ;  for  each  man  and  horse,  ten  cents  ;  for  each  person 
on  foot,  five  cents ;  for  each  animal  in  every  drove  of  cattle, 
horses,  hogs  and  sheep,  one  cent. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons not  citizens  of  this  Nation,  refuse  to  pay  the  toll  afore- 
said, upon  application  with  proper  proof  being  made  to  the 
United  States  Indian  Agent  for  Choctaws  and  Chickasaws,  he 
shall  take  such  steps  as  may  be  necessary  to  secure  and 
collect  the  same. 

SEC.  3. — Be  it  further  enacted,  That  the  privilege  to  receive 
toll  herein  granted,  shall  take  effect  and  be  in  force  whenever 
the  said  John  James  shall  well  and  truly  erect  said  bridge, 
and  continue  so  long  as  he  shall  keep  the  same  in  good  order, 
and  the  privilege  herein  granted  shall  not  continue  for  a 
longer  time  than  ten  years. 

SEC.  4. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  November  5, 1867. 


AN  ACT  entitled  an  act  for  the  relief  of  the  Treasurer  and 
Auditor's  bonds  and  securities. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  reports  of  T.  J.  Bond,  the  National 
Treasurer,  and  William  Robuck,  the  National  Auditor,  for  the 
year  ending  1st  October,  1867,  are  hereby  accepted  on  the 
part  of  the  General  Council,  and  the  bond  executed  by  said 
National  officers  are  hereby  declared  null  and  void. 

SEC.  2. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

Approved  November  12, 1867. 


468  LAWS  OF  THE 

.RESOLUTION  giving  a  per  diem  to  certain  National  officers 
herein  mentioned. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Cliodaiv 
Nation  assembled,  That  Basil  Leflore,  the  National  Treasurer, 
and  Sampson  Folsom,  the  National  Attorney,  be  allowed  and 
receive  two  dollars  per  day  for  each  day's  actual  attendance 
upon  the  General  Council  at  the  present. Session,  and  that 
the  National  Auditor  is  hereby  authorized  and  directed  to 
issue  his  warrant  in  favor  of  each  of  said  National  officers 
upon  the  National  Treasurer  for  the  amount  of  such  per  diem 
in  the  manner  of  paying  regular  salaries ;  provided,  that  this 
resolution  shall  not  be  so  construed  as  to  allow  said  officers 
such  pay  at  any  future  Session  of  the  General  Council. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  13, 1867. 


A  RESOLUTION"  requiring  National  Auditor    to    make 
report,  etc. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Finance  Committee  of  this  Coun- 
cil are  hereby  instructed  to  call  upon  the  National  Auditor 
for  a  detailed  report  of  the  amount  of  money  expended  by 
him  in  purchasing  all  needful  supplies  of  books  and  station- 
ery, etc.,  for  the  General  Council  and  the  National  officers,  as 
provided  for  by  the  9th  Section  of  an  act  entitled  an  act  to 
define  the  duties  of  the  National  Auditor,  etc.,  approved  Oc- 
tober 29th,  1860,  and  ascertain  how  much  money  expended  in 
purchasing  said  supplies  of  books  from  October  1st,  1866,  to 
October  1st,  1867,  and  report  the  same  to  this  Council  at  its 
present  Session,  as  well  as  report  on  the  detailed  report  of 


CHOCTAW  NATION.  469 

I 

the  expenditure  of  the  contingent  fund  placed  in  the  hands 
of  the  Principal  Chief. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  November  15,  1867. 


A  RESOLUTION  appropriating  money  for  the  relief  of  certain 
persons  therein  named. 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  sum  of  three  hundred  and  twenty- 
eight  dollars  and  five  cents  be  appropriated  out  of  any  school 
funds  in  the  hands  of  the  National  Treasurer,  not  otherwise 
appropriated,  in  favor  of  the  following  names,  to  wit : 

Patten  &  Weams,  $151,90;  Hannah,  $58,28;  Patten  & 
Beams,  $71,98;  Hannah,  $30,47;  Wood  &  Harkins,  $9,67; 
Milliner,  $5,75. 

That  the  National  Auditor  is  hereby  authorized  to  issue 
his  warrant  in  favor  of  the  above  specified  individuals  upon 
tile  National  Treasurer  for  the  same. 

SEC.  2. — Be  it  further  resolved,  That  this  resolution  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved,  November  16,  1867. 


A  RESOLUTION  borrowing  a  certain  amount  of  the  school  fund 
by  the  Nation. 

SEC.  1. — Resolved  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  school  funds  on  hand  to  the 
amount  of  six  thousand  four  hundred  and  ninety  five  dollars 
and  fifty-six  cents,  the  same  is  hereby  appropriated  to  defray 
the  expenses  of  the  present  session  of  the  General  Council ; 


470  LAWS  OF  THE 

I 

provided,  however,  that  the  said  school  fund,  thus  appro- 
priated, shall  be  refunded  and  replaced  as  soon  as  the  Na- 
tional fund  is  received  by  the  Treasurer  of  this  Nation. 

SEC.  2. — Be  it  further  resdved,  That  the  Treasurer  is  here- 
by required  to  borrow  five  thousand  and  five  hundred  dollars 
from  E.  S.  Mitchell,  which  he  is  willing  to  advance  to  the 
Nation,  and  the  same  to  be  accounted  for  as  soon  as  practi- 
cable ;  provided,  that  the  National  Treasurer  be  authorized  to 
redeem  and  pay  E.  S.  Mitchell  the  sum  of  four  thousand  and 
five  hundred  dollars  for  the  warrants  that  said  E.  S.  Mitchell 
has  against  the  Treasury  of  the  Choctaw  Nation. 

SEC.  3. — Be  it  further  resolved,  That  this  resolution  shall  take 
effect,  and  be  in  force  from  and  after  its  passage. 
Approved  November  16, 1867. 


Whereas,  Col.  P.  P.  Pitchlynn,  Israel  Folsom,  Samuel  Gar- 
land and  Peter  Folsom,  were  duly  appointed  delegates  and 
commissioned  as  such  in  the  name  of  the  Choctaw  Nation 
under  several  acts  and  resolutions  of  the  General  Council  to 
institute  in  behalf  of  the  Choctaw  people,  a  claim  upon  tl*e 
United  States,  for  the  pay  and  remuneration  for  the  country 
which  they  ceded  to  the  United  States  Government  east  of 
the  Mississippi  Eiver ;  and  whereas,  said  delegates  did  effect 
a  basis  for  the  payment  of  said  claims,  as  mentioned  in  the 
llth  and  12th  Articles  of  the  Treaty  of  June  22d,  1855,  and 
thereupon  the  Senate  of  the  United  States,  on  the  9th  of 
March,  1859,  did  agree  that  the  Choctaws  be  allowed  the 
proceeds  of  the  sale  of  such  lands  as  have  been  sold  by  the 
United  States,  on  the  1st  day  of  January  of  the  same  year, 
deducting  therefrom  the  cost  of  survey  and  sale,  and  all 
proper  expenditures  and  payment  under  said  treaty,  etc., 
etc.,  and  did  authorize  the  Secretary  of  Interior  to  cause  an 
account  to  be  stated  with  the  Choctaws,  showing  what  amount 
is  due  them  according  to  the  principles  of  settlements,  and 


CHOCTAW  NATION".  471 

report  the  same  to  Congress,  (see  Eeport  Senate,  No.  374, 
Second  Session,  35th  Congress,  1858-59).  And  ichereas,  it 
appears,  that  the  Secretary  of  the  Interior  did  find,  that  ac- 
cording to  the  principles  of  settlement  prescribed  by  said 
resolution,  there  was  due  to  the  Choctaw  Nation  the  sum  of 
$2,981,247  30 ;  and  whereas,  the  Senate  Committee  of  Indian 
Affairs  revised  the  account  and  reduced  the  amount  thus  re- 
ported to  be  due  the  Choctaws  to  $2,332,560  85,  and  said 
Congress,  by  Act  of  March  2d,  1861,  did  appropriate  the 
sum  of  five  hundred  thousand  dollars,  on  account  of  this 
claim,  with  a  proviso,  that  in  the  future  adjustment  of  the 
claim  of  the  Choctaws,  under  the  treaty  aforesaid,  the  said  sum 
shall  be  charged  against  the  said  Indians ;  whereas,  by  the 
Articles  of  the  Treaty  of  April  28,  1866,  the  United  States 
re-affirmed  all  obligations  arising  out  of  treaty  stipulations, 
or  acts  of  legislation,  with  regard  to  the  Choctaw  and  Chick- 
asaw  Nations,  entered  into  prior  to  the  late  rebellion,  and  in 
fouce  at  that  time,  "  not  inconsistent  herewith,"  as  well  as  all 
the  rights,  privileges  and  immunities  heretofore  possessed  by 
said  Nations,  or  individuals  thereof,  or  to  which  they  were 
entitled  under  the  treaties  and  legislation  heretofore  made 
and  had  in  connection  with  them,  shall  be,  and  are  hereby 
declared  to  be  in  full  force,  so  far  as  they  are  consistent  with 
the  provisions  of  this  treaty ;  Therefore, 

SEC.  1. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  delegates,  composed  of  P.  P.  Pitch- 
lynn,  Israel  Folsom,  Samuel  Garland  and  Peter  Folsom,  are 
hereby  notified  that  inasmuch  as  they  have  nearly  consum- 
mated the  "  net  proceed  question,"  they  shall  proceed  with- 
out delay  to  Washington  City,  for  the  express  purpose  of 
bringing  the  subject  matter  of  these  resolutions  to  the  notice 
of  Congress,  and  to  respectfully  ask  an  early  appropriation 
to  be  made  to  carry  into  effect  the  amount  due  this  Nation, 
as  stated  in  the  foregoing  preambles  of  these  resolutions. 

SEC.  2. — Be  it  further  resolved,  That  in  the  event,  an  ap- 


472  LAWS  OF  THE 

propriation  shall  be  made  by  Congress,  in  whole  or  in  part 
payment  of  the  net  proceed  sale  of  the  lands  of  the  Choc- 
taws,  which  they  ceded  to  the  United  States,  east  of  Missis- 
sippi River,  the  delegates  herein  mentioned  shall  report  to 
the  National  Attorney  of  this  Nation  the  fact  of  such  appro- 
priation, who  shall  proceed  to  investigate  the  claims  of  such 
delegates  as  well  as  the  amount  that  may  be  due  their  attor- 
neys for  fees  under  a  certain  contract  said  to  have  been 
made  with  John  T.  Cochrane,  dated  February  13th,  1855, 
and  shall  report  the  amount  due  to  the  delegates  and  attor- 
neys, to  the  Principal  Chief  of  this  Nation,  who  shall  convene 
the  Council  should  he  deem  it  necessary,  in  order  to  provide 
payment  due  under  the  contract  aforesaid,  as  well  as  to  carry 
into  effect  the  12th  Article  of  the  Treaty  of  June  22d,  1855. 
It  being,  understood,  however,  that  no  money  shall  be  paid 
on  said  contract,  or  any  other  contract  which  had  not  been 
duly  authorized  and  approved  by  the  Council ;  and  when 
contracts  are  adjusted  and  paid,  they  shall  be  duly  cancelled 
and  filed  away  in  the  office  of  National  Secretary. 

SEC.  3. — Be  it  further  resolved,  That  it  is  hereby  declared  to 
be  the  intention  of  the  Choctaw  Nation,  that  the  terms  of  ser- 
vice of  the  delegates  herein  mentioned,  shall  expire  whenever 
the  whole  amount  of  the  "  net  proceed  question  "  is  adjusted 
and  settled  by  Congress,  and  said  delegates  are  required  to 
render  a  full  and  just  report  of  their  proceedings  and  pro- 
gress they  are  making  with  the  claim,  from  time  to  time,  to 
the  Principal  Chief  of  this  Nation. 

SEC.  4. — Be  it  further  resolved,  That  this  resolution  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  18,  1867. 


AN  ACT  entitled  an  act  amending  an  act  therein  mentioned. 
Be  it  enacted  by  the  General  Council  of  the  Choctaiv  Nation 


CHOCTAW  NATION.  473 

assembled,  That  the  act  passed  in  October  31st,  1860,  sub- 
section second,  be  and  is  hereby  amended,  so  as  to  read 
thus  :  That  an  addition  of  the  election  precincts  in  Eagle 
County,  be  and  is  hereby  established  and  located  at  Hocha's 
Schoolhouse,  and  be  called  Hocha's  Precinct,  and  that  this 
act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  November  19,  1867. 


AN  ACT  entitled  an  act  amending  an  act  therein  mentioned. 

Be  it  enacted  by  the  General  Council  of  the  Choctaio  Nation 
assembled,  That  the  act  passed  in  October  31st,  1860,  sub- 
section second,  be  amended  so  as  to  read  thus :  That  in 
addition  to  the  election  precincts  in  Towson  County,  one  to 
be  established  and  located  at  Clear  Creek,  -where  the  road 
from  Doakesville  to  "Wheelock  crosses  the  same,  to  be  called 
Clea  *  reek  Precinct. 

Be  it  further  enacted,  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  November  19, 1867. 


RESOLVED  by  the    General  Council  of  the  Choctaw  Nation 
assembled,  That  the  present  session  of  General  Council  ad- 
journ on  the  20th  instant,  Wednesday,  12  o'clock,  M. 
Approved  November  19, 1867. 


AN  ACT  entitled  an  act  removing  Sugar  Creek  Election  Pre- 
cinct, in  Kiamichi  County,  to  Caffrey's  Place 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Cloctaw 
Nation  assembled,  That  the  election  precinct  established  on 
Sugar  Creek  shall  be  removed  and  located  at  Caffrey's  Place. 


474  LAWS  OF  THE 

SEC.  2. — Be  it  further  enacted,  That  any  laws,  or  parts  of 
laws,  in  any  manner  coming  in  conflict  with  this  law,  are 
hereby  repealed. 

SEC.  3. — Be  it  further  enacted,  That  this  act  shall  take  effect, 
and  be  in  force  from  and  after  its  passage. 

Approved  November  19,  1867. 


AN  ACT  entitled  an  act  prescribing  the  manner  of  executing 
convicts  in  capital  cases. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  punishment  of  death  shall  be  in- 
flicted by  shooting  the  convict  until  he  be  dead. 

SEC.  2. — Be  it  further  enacted,  That  the  punishment  of  death 
shall  be  inflicted  at  the  Circuit  Court  ground,  in  each  county 
of  this  Nation,  where  he  was  convicted,  and  that  ministers  of 
the  Gospel,  physicians,  and  deputy  sheriffs  of  the  county  in 
which  the  convict  is  confined  may,  on  notification  of  the 
sheriff,  attend  such  execution,  and  the  sheriff  shall  make  due 
return  of  the  warrant  of  execution,  of  the  execution  thereof, 
which  shall  be  attested  by  two  of  the  deputy  sheriffs  present, 
and  said  warrant  of  execution  shall  be  returned,  by  the 
sheriff,  to  the  clerk  of  the  court  from  which  said  warrant  was 
issued,  to  be  filed  by  the  clerk  among  the  proceedings  in  said 
case  as  a  part  thereof. 

SEC.  3. — Be  it  further  enacted,  That  whenever,  from  any 
cause,  any  convict,  under  sentence  of  death,  shall  not  have 
been  executed  according  to  the  order  and  judgment  of  the 
Court,  and  the  same  shall  stand  in  force  and  unrevised  in 
the  Court  where  such  sentence  was  pronounced,  the  Judge 
of  said  Court  shall,  in  term-time  or  vacation,  upon  the  ap- 
plication of  the  District  Attorney,  stating  such  facts  of  the 
non-execution  of  such  convicts,  .according  to  the  sentence  of 
Court,  which  said  application  shall  be  filed  by  the  clerk 


CHOCTAW  NATION.  475 

among  the  proceedings  in  said  case  thereof,  the  Judge  of 
said  Court  shall  issue  a  writ  of  habeas  corpus,  to  bring  such 
convict  before  such  Judge,  or  if  he  be  at  large,  shall  issue  a 
writ  for  his  apprehension,  and,  upon  such  convict  being 
brought  before  such  Judge,  by  virtue  of  said  writs,  the  Judge 
shall,  if  no  legal  reason  exist  against  the  execution  of  such 
sentence,  immediately  thereafter  issue  a  warrant  to  the 
sheriff  of  the  proper  county,  reciting  the  facts  and  com- 
manding the  sheriff,  on  a  day  to  be  specified  in  said  warrant, 
to  execute  said  sentence  according  to  law. 

SEC.  4. — Be  it  further  enacted,  That  all  acts  or  parts  of  acts, 
particularly  an  act  prescribing  the  manner  of  executing  con- 
victs in  capital  cases,  approved  October  25,  1859,  coming  in 
any  manner  in  conflict  with  the  provision  of  this  act,  be,  and 
the  same  are  hereby  repealed,  and  that  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  November  20,  1867. 


AN  ACT  entitled  an  act  making  appropriation  for  the  fiscal 
year  ending  July  31st,  1868. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  following  sums  of  money  be,  and 
the  same  are  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated  : 

First — To  pay  the  salary  of  the  Principal  Chief,  one  thou- 
sand dollars. 

Second — To  pay  salary  of  the  National  Secretary,  six  hun- 
dred dollars. 

Third — To  pay  salary  of  the  National  Treasurer,  six  hun- 
dred dollars. 

Fourth — To  pay  salary  of  the  National  Auditor  of  public  ac- 
counts— six  hundred  dollars. 


476  LAWS  OF  THE 

Fifth — To  pay  salary  of  National  Attorney,  four  hundred 
dollars. 

Sixth — To  pay  salary  of  Judges  of  the  Supreme  Court,  twelve 
hundred  dollars. 

Seventh — To  pay  salary  of  Circuit  Judges,  twelve  hundred 
and  fifty  dollars. 

Eighth — To  pay  the  salary  of  District  Chiefs,  seven  hundred 
and  fifty  dollars. 

Ninth — To  pay  salary  of  District  Attorneys,  five  hundred 
and  fifty  dollars. 

Tenth — For  contingent  funds   subject  to  the  order  of  the 
Principal  Chief,  four  hundred  dollars. 

Eleventh — For  contingent  funds  of  the  Auditor's  office,  two 
hundred  dollars. 

Twelfth — To  pay  salary  of  County  and  Probate  Judges,  six- 
teen hundred  dollars. 

Thirteenth — To  pay  salary  of  County  and  Probate  Clerks, 
eight  hundred  dollars. 

Fourteenth — To  pay  salary  of  Sheriffs,  twelve  hundred  dol- 
lars. 

Fifteenth — To  pay  salary  of  Light-horse,  two  thousand  and 
four  hundred  dollars. 

Sixteenth — To  pay  salary  of  National  Light-horse,  nine  hun- 
dred and  fifty  dollars. 

Seventeenth — To  pay  judges  of  election,  two  hundred  and 
twenty-two  dollars. 

Eighteenth — To  pay  clerks  of  election,  one  hundred  and 
fifty  dollars. 

Nineteenth — To  pay  contingent  expenses  of  Circuit  Courts, 
twelve  hundred  and  eighty  dollars. 

Twentieth — To  pay  salary  of  Circuit  Clerk,  twelve  hundred 
dollars. 

Twenty-first — To  pay  Sheriff  for  attending  County   Courts, 
one  thousand  five  hundred  and  fifty  dollars. 

To  pay  deputies,  five  thousand  seven  hun- 
dred and  sixty  dollars. 


CHOCTAW   NATION.  477 

Twenty-second — To  pay  salary  of  clerk  of  Supreme  Court, 
one  hundred  dollars. 

Twenty-third — To  pay  salary  of  Trustees  and  Superintendent 
of  public  schools,  eight  hundred  dollars. 

Twenty -fourth — To  pay  Grand  Jurors,  thirteen  hundred  and 
twenty  dollars. 

Twenty-fifth — To  pay  Sheriffs  and  Deputies  for  attending 
Supreme  Court,  two  hundred  dollars. 

Twenty-sixth — To  pay  per  diem  and  mileage  of  members  of 
the  General  Council,  seven  thousand  dollars, 
which  amount,  if  not  exhausted,  shall  be  ap- 
plied to  any  other  appropriation. 

SEC.  2. — Be  it  further  enacted,  That  any  money  in  the 
Treasury  not  otherwise  appropriated,  is  hereby  appropriated 
to  redeem  and  pay  outstanding  Auditor's  warrants,  and  also 
Choctaw  Treasury  warrants. 

SEC.  3. — Be  it  further  enacted,  That  the  sum  of  eight. thou- 
sand dollars  for  Apuckshanubbee  District,  eight  thousand 
dollars  for  Pushamataha  District,  seven  thousand  dollars  for 
Mosholatubbee  District,  and  seven  thousand  two  hundred 
and  sixty  dollars  for  the  tuition  of  the  children  and  youths 
that  are  now  in  the  States,  be,  and  the  same  is  hereby  ap- 
propriated for  the  said  purpose,  commencing  on  the  first  day 
of  September,  1867,  and  ending  on  the  30th  day  of  June, 
1868. 

SEC.  4. — Be  it  further  enacted,  That  all  the  balance  of  the 
school  funds,  amounting  to  the  sum  of  twelve  thousand  four 
hundred  and  ninety-five  dollars,  on  hand,  be,  and  the  same  is 
hereby  borrowed  by  the  Choctaw  Nation  to  pay  and  redeem 
all  outstanding  Auditor  and  Treasury  warrants ;  provided, 
further,  that  if  the  above  amount  be  not  sufficient  to  redeem 
said  warrants,  then  they  shall  be  paid  pro  rata. 

SEC.  5. — Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved,  November  20, 1867. 


478  LAWS   OF  THE 

AN  ACT  entitled  an  act  to  authorize  the  National  Attorney 
to  attend  to  the  claims  set  up  against  the  Nation  under 
49th  and  50th  Articles  of  the  Treaty  of  April  28th,  1866, 
and  for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Cliodaio 
Nation  assembled,  That  the  present  National  Attorney  be, 
and  is  hereby  required  to  proceed  to  Washington  City  as 
soon  as  possible,  and  appear  before  his  honor  the  Secretary 
of  the  Interior,  and  file  such  arguments  as  he  may  deem 
essential  to  make  touching  the  origin  and  present  of 
the  claims  awarded  by  Messrs.  Rice  and  Jackson  under  the 
49th  and  50th  Articles  of  the  Treaty  of  April  28th,  1866,  and 
insist  upon  the  importance  of  having  a  new  commission 
raised  to  investigate  the  said  claims,  in  order  to  enable  this 
Nation  to  introduce  rebutting  testimony. 

SEC.  2. — Be  it  further  enacted,  That  if  in  the  opinion  of  the 
said  Secretary  of  the  Interior,  that  a  new  commission  to  in- 
vestigate the  claims  aforesaid  cannot  be  ordered  without  the 
action  of  Congress,  or  by  consent  of  parties  to  the  case ;  then, 
in  that  event,  the  National  Attorney  shall  exercise  his  best 
judgment  and  discretion  in  the  premises,  and  report  the  facts 
to  the  Principal  Chief. 

SEC.  3. — Be  it  further  enacted,  That  the  National  Attorney 
be,  and  is  hereby  instructed  to  respectfully  bring  to  the 
notice  of  the  Commissioner  of  Indian  Affairs  at  Washington 
City,  that  tbis  Nation  will  not  consent  to  give  the  freedmen 
residing  among  them  the  forty-acre  lots  of  land,  including  the 
right  of  suffrage,  mentioned  in  the  3d  Article  of  the  Treaty 
of  April  28th,  1866,  when  they  have  submit  humbly  to  the 
forced  sale  of  the  "  Leased  District "  lying  west  of  98th  de- 
gree west  longitude,  for  about  two-and-a-half  cents  per  acre, 
for  objects  of  negro  colonization  upon  their  borders  ;  and  he 
shall  also  request  the  said  Commissioner  of  Indian  Affairs  to 
provide  in  due  time  for  said  freedmen  for  their  removal  to 


CHOCTAW  NATION.  479 

some  country,  and  remove   Kansas  Indians  here,  in  their 
stead,  if  they  are  willing  to  be  removed. 

SEC.  4. — Be  it  further  enacted,  That  said  attorney  shall  use 
his  best  endeavors  to  delay  and  defer  the  Territorial  organi- 
zation, contemplated  under  Article  8th  of  the  Treaty  of  April 
28th,  1866,  until  such  time  as  the  several  Nations  composing 
the  Indian  country  shall  become  more  friendly  and  more  dis- 
posed to  unite  and  come  under  one  head,  or,  in  other  words, 
under  one  form  of  government,  to  be  controlled  by  the  Con- 
gress of  the  United  States,  and  shall  have  become  more  quali- 
fied to  take  good  care  of  their  landed  interest,  than  the  present 
state  of  feeling  seems  to  exist  between  the  citizens  of  each 
Nation  in  regard  to  the  whole  policy  of  coming  under  a  Terri- 
torial government — the  government  at  Washington  must 
understand  that  the  habits  and  customs  of  Indian  Nation 
cannot  be  easily  changed,  whether  for  weal  or  woe,  without 
their  consent. 

SEC.  5. — Be  it  further  enacted,  That  in  order  to  provide 
against  contingencies  that  might  occur  during  the  prosecu- 
tion of  the  duties  herein  required  of  the  National  Attorney, 
there  shall  be  elected  by  joint  ballot  of  both  houses  of  the 
present  session  of  the  General  Council,  an  Assistant  Attorney, 
whose  duty  shall  be  to  aid  and  assist  the  Principal  Attorney 
in  all  matters  touching  the  interest  and  welfare  of  this  Na- 
tion, specially  the  claim  set  up  by  "  Loyal  Indians  "  under 
49th  and  50th  Articles  of  said  Treaty,  and  whose  terms  of 
service  shall  expire  with  the  adjustment  of  all  the  claims 
herein  specified,  and  who  shall  act  as  Principal  Attorney 
when  so  required  by  the  Principal  National  Attorney— it  is 
agreed  and  understood  by  this  act,  that  the  Nation  will  only 
defray  actual  expenses  of  traveling,  and  other  incidental  ex- 
penses to  and  from  Washington  City,  for  each  of  the  attorneys 
mentioned  in  this  act,  at  three  dollars  per  day  each  and  ex- 
penses paid,  and  hereby  agree  to  give  them  one  half  of  the 
amount  that  they  may  recover  or  save  for  the  Nation  upon 


480  LAWS  OF   THE 

the  claims  arising  under  49th  and  50th  Articles  "of  the  Treaty 
of  April  28th,  1866,  other  than  the  "  net  proceed  question  ;" 
and  it  is  also  understood  that  should  they  employ  claim  agent 
or  counsel  to  answer  for  them  in  any  given  case,  it  shall  be 
done  at  their  own  expense  and  responsibility. 

SEC.  6. — Be  it  further  enacted,  That  a  correct  statement  of 
all  the  acts,  proceedings,  accounts,  and  correspondences  had 
upon  the  business  herein  intrusted  to  the  National  Attorney, 
shall  be  kept  by  his  assistant  and  who  shall  make  his  report 
upon  the  same  to  the  Principal  Chief  of  this  Nation. 

SEC.  7. — Be  it  further  enacted,  That  the  Principal  Chief  is 
hereby  requested  to  authenticate  the  credentials  of  each  of 
the  National  Attorneys  herein  mentioned  to  the  Commis- 
sioner of  Indian  Affairs  at  Washington  City. 

SEC.  8. — Be  it  further  enacted,  That  this  act  take  effect,  and 
be  in  force  from  and  after  its  passage. 

flepassed  the  Senate  by  two-thirds  vote. 
November  20th,  1867. 

Bepassed  the  House  of  Representatives  by  two-thirds  vote. 
November  20th,  1867. 


AN  ACT  entitled  an  act  making  an  appropriation  to  assist 
Jacob  Jackson  in  obtaining  an  education. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaio 
Nation  assembled,  That  the  sum  of  two  hundred  and  fifty  dol- 
lars per  annum  be  and  the  same  is  hereby  appropriated  to 
pay  for  the  tuition  of  Jacob  Jackson  from  the  school  fund  of 
the  Choctaw  Nation,  payable  upon  the  certificate  of  the 
Superintendent  of  public  schools,  so  long  'as  the  said  Jacob 
Jackson  shall  remain  at  school. 

SEC.  2. — Be  it  further  enacted,  That  upon  the  certificate  of 
the  Superintendent  being  presented  to  the  National  Auditor,. 


CHOCTAW   NATION.  481 

certifying  that  the  said  Jacob  Jackson  has  attended  school 
for  and  during  the  current  year  and  is  entitled  to  the  benefit 
of  the  above  appropriation,  the  Auditor  be  and  he  is  hereby 
authorized  and  directed  to  draw  his  warrant  for  the  same  in 
favor  of  said  Jacob  Jackson,  payable  out  of  the  school  funds 
of  the  Choctaw  Nation. 

SEC.  3. — Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage,  and  that  the  ap- 
propriation herein  provided  for  shall  commence  and  be  paya- 
ble from  and  after  the  1st  day  of  October,  1867. 

Approved,  November  20, 1867. 


AN  ACT  entitled  an  act  granting  to  David  A.  Folsom,  the 
privilege  to  erect  a  bridge  across  Blue  Kiver  and  establish 
a  toll  gate  thereon. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Clioctaw 
Nation  assembled,  That  the  privilege  is  hereby  granted  to 
David  A.  Folsom  to  erect  a  bridge  across  Blue  River,  at  Nail's 
Mill  on  said  River,  upon  the  following  conditions  and  terms : 
That  if  the  said  'David  A.  Folsom  shall  well  and  truly  erect 
or  cause  to  be  erected  a  bridge  across  Blue  River,  he  shall  be 
entitled  to  demand  and  receive  therefor,  from  all  persons 
passing  over  the  same,  except  from  the  citizens  of  this  Nation, 
the  rates  of  toll,  to  wit :  For  each  wagon  or  vehicle  drawn  by 
four  or  more  animals,  with  the  driver,  the  sum  of  fifty  cents ; 
for  each  wagon  or  vehicle  drawn  by  one,  two  or  three  animals, 
with  the  driver,  the  sum  of  twenty-five  cents ;  for  each  man 
and  horse,  ten  cents ;  for  each  led  horse,  five  cents ;  for  each 
person  on  foot  five  cents  ;  for  each  animal  in  every  drove 
of  cattle,  horses,  mules,  hogs  and  sheep,  one  cent. 

SEC.  2. — Be  it  further  enacted,  That  if  any  person  or  per- 
sons not  citizens  of  this  Nation  refuse  to  pay  the  toll  afore- 
said, upon  application,  with  proper  proof,  being  made  to  the 
81 


482  LAWS  OF  THE 

United  States  Indian  Agent  for  Choctaws  and  Chickasaws, 
he  shall  take  such  steps  as  may  be  necessary  to  secure  and 
collect  the  same. 

SEC.  3. — Be  it' further  enacted,  That  the  privilege  to  receive 
toll  herein  given  shall  take  effect  and  be  in  force  whenever 
David  A.  Folsom  aforesaid  shall  well  and  truly  Lave  erected 
a  good  and  substantial  bridge,  and  so  long  as  \^,  shall  keep 
the  same  in  good  order  and  repair  and  responsible  for  all 
damages  to  any  person  or  persons  crossing  the  same  with 
their  property ;  provided,  that  the  privilege  herein  granted 
;shall  not  continue  for  a  longer  time  than  ten  years. 

SEC.  4. — Be  it  further  enacted,  That  this  act  shall  take  effect 
;and  be  in  force  from  and  after  its  passage. 

Approved,  November  20, 1867. 


AN  ACT  making  appropriation  to  pay  for  the  expenses  of 
cleaning  the  Capitol  Building,  etc. 

SEC.  1. — Be  it  emoted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  fifty  dollars  be  and  the  same 
is  hereby  appropriated,  out  of  any  money  not  otherwise  appro- 
priated, to  defray  the  expenses  of  scrubbing  and  cleaning  the 
Capitol  building  immediately  after  the  adjournment  of  the 
present  session  of  the  General  Council,  and  that  Mrs.  Jincy 
Jones  is  authorized  and  requested  to  scrub  and  clean  said 
Capitol. 

SEC.  2. — Be  it  further  enacted,  That  upon  the  certificate  of 
the  National  Secretary  of  such  scrubbing  and  cleaning  the 
Capitol  building  having  been  thoroughly  and  truly  performed, 
then  the  National  Auditor  shall  issue  his  warrant  in  favor  of 
said  Jincy  Jones  upon  the  National  Treasurer  for  the  above 
amount,  and  that  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  November  20  1867. 


CHOCTAW  NATION.  483 

AN  ACT  entitled  an  act  regulating  the  granting  of  permits  to 
trade,  expose  goods,  wares  or  merchandise,  for  sale  within 
the  Choctaw  Naf  on,  and  to  reside  within  the  same,  and 
for  other  purposes. 

SEC.  1. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  before  any  person  or  persons  who 
are  not  citizens  of  the  Choctaw  or  Chickasaw  Nation  shall 
be  permitted  to  expose  any  goods,  wares,  or  merchandise  for 
sale  within  the  limits  of  the  Choctaw  Nation,  he,  she,  or  they 
shall  be  required  to  obtain  a  permit  from  the  Principal  Chief 
of  the  Choctaw  Nation — such  permits  shall  be  granted  by 
the  Principal  Chief  on  the  following  terms  and  conditions 
only: 

1st.  The  person  or  persons  wishing  to  obtain  such  permit 
shall  make  application  in  writing  to  the  Principal  Chief,  set- 
ting forth  the  place  and  county  in  which  they  desire  to 
establish  their  business,  the  kind  of  business,  and  the  pro- 
bable amount  of  capital  to  be  employed  therein  ;  such  appli- 
cation shall  be  signed  by  ten  respectable  citizens  of  house- 
holders of  the  county  in  which  the  person  or  persons  apply- 
ing proposed  to  do  business,  and  be  approved  by  the  County 
Judge  of  such  county ;  the  applicant  shall,  at  the  same  time, 
present  to  the  Principal  Chief  a  bond  with  two  securities, 
one  of  whom  shall  be  a  citizen  and  resident  of  the  Choctaw 
Nation,  in  the  penal  sum  of  one  thousand  dollars,  payable 
to  the  Choctaw  Nation,  and  conditioned  that  said  person  or 
persons  principal  therein,  shall  well  and  truly  obey  the  laws 
and  regulations  of  the  Choctaw  Nation,  in  regard  to  traders 
and  merchants  therein,  not  inconsistent  with  existing 
treaties  and  the  Constitution  and  laws  of  the  United  States 
relating  thereto,  and  shall  pay  into  the  Treasury  of  the  Na- 
tion such  tax  or  taxes  as  may  be  demanded  of  him,  and  be 
due  from  him  by  virtue  of  existing  laws  of  the  Choctaw  Na- 
tion, which  bond  shall  be  approved  by  the  County  Judge  of 


484  LAWS  OF  THE 

the  county  in  which  said  person  or  persons  proposed  to  do 
business. 

2d.  Upon  such  requirements  having  been  complied  with, 
the  Principal  Chief  shall  issue  to  said  person  or  persons,  un- 
der his  hands  and  the  seal  of  said  Nation,  a  permit  authoriz- 
ing such  person  or  persons  to  carry  on  such  business  as  he 
or  they  may  have  in  their  application  proposed,  and  at  the 
place  in  the  applications  mentioned,  and  for  the  period  of 
one  year  from  the  date  of  such  permit ;  provided,  however, 
that  the  Principal  Chief  may  renew  said  permit  from  year  to 
year,  by  endorsement  thereon,  under  his  hands,  and  such  re- 
newal shall  have  the  sa'me  force  and  effect  as  the  original 
permit. 

SEC.  2. — Be  it  further  enacted,  That  any  person  or  persons 
obtaining  such  permit,  and  who  shall  expose  any  goods, 
wares  and  merchandise  for  sale  in  the  Choctaw  Nation,  shall, 
on  or  before  the  first  Monday  in  July,  of  each  year,  pay  to  the 
sheriff  of  the  county  in  which  the  business  is  located,  an  an- 
nual ad  valorem  tax  of  one  and  one-half  per  centum  on  the 
original  cost  and  value  of  all  such  goods,  wares  and  mer- 
chandise as  he,  she,  or  they  may  bring  into  said  Nation  for 
sale,  and  shall,  at  the  time  of  such  payment,  file  with  the 
sheriff  of  the  county,  a  copy  of  his  invoices  of  goods  pur- 
chased and  introduced  for  sale,  for  and  during  the  twelve 
months  next  preceding  the  1st  Monday  in  June  of  said  year, 
which  inventory,  and  the  accuracy  and  correctness  thereof, 
shall  be  verified  by  the  affidavit  of  the  party  presenting  the 
same,  or  some  other  person  for  him,  who  may  know  the 
facts  ;  such  affidavit  shall  be  made  and  subscribed  before  some 
officer  of  the  United  States,  or  any  of  the  States  thereof,  au- 
thorized to  administer  oaths,  or  any  officer  of  the  Nation  au- 
thorized to  administer  oaths,  and  such  invoices  or  the  certi- 
fied copy  thereof,  shall,  when  so  verified,  be  received  by  the 
sheriff,  as  the  basis  of  assessment,  on  which  he  shall  collect 
the  said  sum  of  one  and  one-half  per  centum  as  aforesaid, 


CHOCTAW  NATION.  485 

and  the  said  sheriff  shall  file  with  the  National  Auditor  of 
public  accounts,  a  duly  certified  copy  of  the  same,  and  the 
Auditor  shall  then  charge  him  with  the  amount  of  such  as- 
sessment, and  the  amount  to  be  collected  thereon. 

SEC.  3. — Be  it  further  enacted,  That  before  any  carpenter, 
wagon  maker,  blacksmith,  wheelwright,  millwright,  tailor, 
shoemaker,  miller,  machinist,  sawyer,  tanner,  clerks,  or  any 
other  or  such  like  mechanic  or  artisan  not  citizens  of  the 
Choctaw  and  Chickasaw  Nation,  shall  carry  on  his  trade  or 
calling,  or  exercise  any  of  the  function  thereof,  within  the 
limits  of  the  Choctaw  Nation,  he,  she,  or  they  shall  first  ob- 
tain a  permit  from  the  Principal  Chief  of  the  Choctaw  Na- 
tion, which  permit  shall  be  granted  on  the  following  terms, 
viz.:  The  person  or  persons  desiring  such  permit  shall  make 
application  in  writing  to  the  County  Judge  of  the  County  in 
which  he,  she,  or  they  wish  to  reside,  and  carry  on  such 
business,  setting  forth  his,  her,  or  their  trade  or  avocation, 
which  application  shall  be  signed  by  at  least  three  respect- 
able citizens  of  such  county,  and  if  the  County  Judge  ap- 
prove the  same,  he  shall  forward  the  same  to  the  Principal 
Chief,  with  his  approval  endorsed  thereon,  the  Chief  shall 
then  issue  a  permit,  under  his  hand  and  the  seal  of  the  Na- 
tion, authorizing  such  person  or  persons  to  remain  in,  and 
carry  on  his  or  their  business  in  such  county  for  the  period 
of  one  year  from  the  date  thereof,  which  permit  may  be 
renewed  from  year  to  year  by  the  Chief  in  the  manner  pro- 
vided for  the  renewal  of  the  permits  of  merchants  and 
traders. 

gEC.  4. — Be  it  further  enacted,  The  Principal  Chief  shall 
deliver  such  permits  to  the  National  Auditor,  who  shall 
charge  the  tax  thereon  against  the  sheriff,  and  forward  the 
same  to  the  sheriff  of  the  county  in  which  said  party  or 
parties  are  permitted  to  reside  and  carry  on  their  business, 
to  be  by  him  delivered  to  such  person  or  persons  upon  his, 
her,  or  their  paying  to  such  sheriff  the  sum  of  twenty-five 


486  LAWS  OF  THE 

dollars  as  a  tax  thereon,  and  also  paying  to  said  sheriff  the 
sum  of  two  dollars  for  his  fee  on  the  same  for  the  delivery 
thereof ;  and  provided  further,  that  for  every  renewal  of  such 
permit,  the  party  or  parties  shall  pay  the  like  tax  and  fee 
to  the  sheriff  as  for  the  original  permit,  and  the  sheriff 
shall  be  charged  with  the  same  by  the  Auditor. 

SEC.  5. — Be.it  further  enacted,  That  any  person  or  persons 
citizens  of  the  Choctaw  and  Chickasaw  Nationsj(or  persons 
who  may  be  residing  therein  by  permission  of  the  Choctaw 
_Nation,  Mesiring  to  bring  into  said  Nation  any  person  or 
persons  to  work  for  them  as  farmers,  laborers,  teamsters,  or 
servants,  or  in  any  other  such  like  capacity,  shall  report  to 
the  county  clerk  of  the  county  in  which  he,  she,  or  they  may 
reside,  the  name  and  age  of  such  person  or  persons  so  hired 
or  employed  by  them,  and  pay  to  the  sheriff  of  such  county 
the  sum  of  five  dollars  for  each  person  so  employed  ana 
brought  into  the  Nation,  which  amount  he,  she,  or  they  may 
retain  out  of  the  hire  or  compensation  of  such  person,  as 
may  be  agreed  between  them ;  provided,  that  nothing  herein 
contained  shall  prevent  the  Principal  Chief  from  causing  the 
immediate  removal  from  the  Nation  of  such  person  or  per- 
sons so  employed  for  good  cause,  or  for  the  misconduct  of 
such  persons. 

SEC.  6. — Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  sheriff  of  each  county,  to  keep  an  accurate  account  of  all 
moneys  that  may  come  to  his  hand  by  virtue  of  the  provi- 
sions of  this  act,  and  make  report  of  the  same  to  the  County 
Clerk  and  to  the  National  Auditor  on  the  1st  Monday  of 
July  in  each  year,  and  pay  over  the  same  at  the  end  of  every 
six  months,  one-half  to  the  Treasurer  of  the  County  for  the 
use  of  said  county,  and  the  other  half  to  the  Treasurer  of 
the  Nation  for  the  use  of  the  Nation,  and  take  their  receipts 
therefor  in  duplicate,  one  of  which  he  shall  file  with  the  Au- 
ditor of  the  Nation,  and  the  other  keep  for  his  own  protec- 
tion, and  such  receipts  shall  be  a  good  voucher  to  him  for  all 


CHOCTAW  NATION.  487 

such  moneys  as  may  have  come  to  his  hands  under  the  provi- 
sion of  this  act ;  provided,  such  sheriff  shall  be  entitled  to  keep 
and  retain  five  per  cent,  of  all  moneys  by  him  collected,  for 
his  commission  for  the  collection  thereof,  and  shall  have 
credit  therefor  in  his  settlement  with  the  Auditor  of  Public 
Accounts. 

SEC.  7. — Be  it  further  enacted,  That  this  act  take  effect 
from  and  after  its  passage,  and  all  laws  or  parts  of  laws 
in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

Approved  November  20,  1867. 


APPENDIX. 


[The  following  acts  and  resolutions  were  not  found  at  the 
time  the  part  of  the  book  in  which  they  should  have  appeared 
was  put  in  type,  and  are  now  inserted  at  the  close,  in  order 
to  render  the  work  complete.] 


ACTS  AND  EESOLUTIONS 

PASSED  IN 
REGULAR  SESSION,  NOVEMBER,  1855. 

A  RESOLUTION  giving  to  Gen.  D.  H.  Cooper  a  certain  informa- 
tion therein  named. 

SEC.  19. — Be  it  resdved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Gen.  D.  H.  Cooper  be,  and  he  is  here- 
by informed,  that  the  General  Council  regard  the  special  re- 
ceipts required  by  Congress  in  1852,  for  the  money  appro- 


488  LAWS  OF  THE 

priated  for  the  benefit  of  claimants  under  the  14th  Article  of 
the  Treaty  of  1830,  as  an  acknowledgment  of  their  right  to 
control  such  money,  and  that  he  be  hereby  requested  to  re- 
tain in  his  hands  for  the  benefit  of  Choctaws  west  of  the 
Mississippi  the  balance  of  such  money  remaining  unexpended 
in  his  hands  after  paying  such  claimants  as  shall  be  identi- 
fied to  his  satisfaction. 

Approved  November,  1855. 


AN  ACT  empowering  the  Chiefs  to  disburse  a  certain  sum  for 
the  support  of  schools. 

SEC.  20. — Be,  it  enacted  by  the  General  Council  of  the  Clioctaio 
Nation  assembled,  That  the  several  sums  of  money  received 
by  Apuckshannubbee,  Pushamataha,  and  Mosholatubbee  Dis- 
trict out  of  arrearages,  shall  be  subject  to  the  order  of  Chiefs, 
to  be  applied  to  purposes  of  education  and  other  uses  in 
their  respective  districts. 

Approved  November,  1855. 


ACT  changing  the  boundary  of  Skullyville  County. 

SEC.  22. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  from  and  after  the  passage  of  this  act, 
that  Skullyville  County,  Mosholatubbee  District,  shall  be 
bounded  as  follows,  viz. :  beginning  where  the  State  line 
crosses  the  Arkansas  River ;  thence  up  said  river  to  a  point 
opposite  the  eastern  end  of  Short  Mountain  ;  thence  south- 
wardly to  said  end  of  Short  Mountain  ;  thence  to  the  source 
of  main  Cashier  ;  thence  due  straight  line  to  the  road  lead- 
ing from  Fort  Smith  to  Fort  Washita  crosses  the  Narrows ; 
thence  eastwardly  along  on  the  top  of  Cavinoh  mountain  to 
the  eastern  extremity  of  the  same;  thence  due  course  to 


CHOCTAW  NATION.  489 

Ashley  Burns ;  leaving  said  Burns  in  Skullyville  County  ; 
thence  due  east  to  Poteau  river,  one  mile  above  Koihana's 
old  place  ;  thence  down  said  river  to  the  mouth  of  Lick  Creek ; 
up  said  creek  to  the  western  boundary  line  of  the  State  of 
Arkansas ;  thence  northwardly  along  said  line  to  the  begin- 
ning. 
Approved  November,  1855. 


AN  ACT  authorizing  the   District  Chief  of  Mosholatubbee 
District  to  perform  certain  thing  therein  named. 

SEC.  27. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Chief  of  Mosholatubbee  District 
shall  have  power  to  commission  a  Judge  to  preside  as 
County  Judge  in  Tobucksy  County  until  the  next  general 
election. 

Approved  November,  1855. 


AN  ACT  locating  the  County  Court  ground  and  election  pre- 
cinct in  Tobucksy  County. 

SEC.  28. — Be  it  enacted  by  the  General  Council  of  the  Clioctaio 
Nation  assembled,  That  the  place  of  holding  County  Courts 
and  election  in  Tobucksy  County,  Mosholatubbee  District, 
shall  be  at  Perryville. 


AN  ACT  amending  an  act  passed  at  the  session  17,  section  5, 
and  defining  the  boundary  line  of  Tobucksy  County. 

SEC.  32. — Be  it  enacted  by  the  General  Council  of  the  Clioctaio 
Nation  assembled,  That  section  5,  of  session  17,  be  amended 
as  follows,  viz. :  Mosholatubbee  District  is  hereby  laid  off 


490  LAWS    OF  THE 

into  five  counties,  viz. :  Skullyville,  Gains,  Sugar-Loaf, 
Sans  Bois  and  Tobucksy  Counties ;  and  that  Tobucksy 
County  shall  be  bounded  as  follows  :  beginning  at  the  mouth 
of  South  fork  of  Canadian  river  ;  thence  up  said  Canadian  to 
where  the  Chickasaw  district  boundary  strikes  the  same; 
thence  along  said  boundary  line  to  where  it  strikes  the  divid- 
ing ridge  between  the  Canadian  and  Red  rivers ;  thence 
eastwardly  along  said  district  boundary  to  the  source  of 
Brushy  creek ;  thence  down  said  creek  to  where  it  empties 
into  South  fork  ;  thence  down  said  South  fork  to  the  begin- 
ning. 

Approved  November,  1855. 


AN  ACT  appropriating  a  certain  sum  of  money  therein  spe- 
cified. 

SEC.  36. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  balance  now  in  the  hands  of  the 
United  States  Agent  for  the  Choctaw  tribe,  of  arrearages  of 
annuities  due  under  various  treaty  stipulations  per  act  of 
Congress,  approved  3d  March,  1855,  be  and  the  same  is  here- 
by appropriated,  in  proportion  to  population  of  the  three 
Choctaw  Districts,  viz :  Apuckshannubbee,  Pushamataha 
and  Mosholatubbee  Districts,  and  that  the  Treasurers  thereof 
are  hereby  authorized  to  receive  and  receipt  for  the  same. 

Approved  November,  1855. 


AN  ACT  changing  the  boundary  line  of  Atoka  County. 

SEC.  41. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  boundary  line  of  Atoka  County 
shall  run  as  follows,  viz. :  Beginning  where  the  road  from 
Fort  Washita  to  Fort  Smith  crosses  the  Chickasaw  District 
boundary  ;  thence  to  Boggy  Depot ;  thence  to  Clear  Boggy  ; 
thence  down  to  Samuel  Folsom's  ferry;  thence  take  Atoka's- 


CHOCTAW  NATION.  491 

road  to  his  house ;  thence  take  the  road  from  Atoka's  to 
Muddy  Boggy  ;  thence  up  said  Boggy  to  Fort  Smith  road ; 
thence  to  dividing  ridge  ;  thence  to  where  the  line  of  Mosho- 
latubbee  District  strikes  Chickasaw  District  line ;  thence 
along  said  line  to  the  beginning. 

Approved,  November,  1855. 


AN  ACT  repealing  an  act  therein  named. 

SEC.  42. — -Be  it  enacted  by  the  General  Council  of  the  Chodaw 
Nation  assembled,  That  any  person  or  persons  shall  be  allowed 
to  establish  a  store  or  trading  house  within  three  miles  of 
any  of  the  public  institutions  of  the  Choctaw  Nation  :  Provi- 
ded, he  or  they  do  not  establish  a  store  or  trading  house 
within  four  hundred  and  forty  yards  of  any  of  the  public  in- 
stitutions. 

Be  it  further  enacted,  That  an  act  passed  Session  9,  Sec- 
tion 6,  be  and  is  hereby  made  null  and  void. 

Approved  November,  1855. 


AN  ACT  appropriating  moneys  to  the  several  Districts. 

SEC.  46. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  sum  of  seven  thousand  dollars  is 
hereby  appropriated  from  the  interest  arising  from  the  in- 
vestment of  the  Chickasaw  fund,  and  also  three  thousand 
dollars  of  perpetual  annuity  to  pay  the  officers  of  the  several 
districts  of  the  Choctaw  Nation  as  follows,  viz. :  To  Apuck- 
shannubbee  District,  four  thousand,  two  hundred  and  twenty- 
five  dollars  and  seventy-five  cents,  ($4,225  75) ;  to  Pushama- 
taha  District,  three  thousand,  two  hundred  and  eighty-eight 
dollars,  ($3,288  00);  to  Mosholatubbee  District,  two  thou- 
sand, four  hundred  and  eighty-six  dollars  and  twenty-five 
cents,  ($2,486  25). 

Approved  November,  1865. 


492  LAWS  OF  THE 

A  KESOLUTION  requesting  the  Chiefs  to  remonstrate  against 
the  summoning  the  members  of  the  General  Council  during 
its  session  to  attend  Van  Biiren  Court. 

SEC.  47. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  Chiefs  be  requested  to  remonstrate  to 
the  Government  of  the  United  States  against  the  practice  of 
summoning  members  of  the  Choctaw  Council  to  attend  the 
United  States  Court  at  Van  Buren,  while  the  Council  in  Ses- 
sion ;  and  request  that  some  member  of  Congress  to  endeavor 
to  have  the  law  so  changed  as  to  prevent  the  evil  which  the 
members  of  the  Council  labor  under,  in  consequence  of  said 
practice. 

Approved,  November,  1855. 


A  KESOLUTION  approving  the  arrangement  in  regard  to  Arm- 
strong Academy. 

SEC.  48. — Be  it  resolved  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  General  Council  do  hereby  approve 
of  the  reports  and  arrangements  made  by  the  Trustees  of 
Public  Institutions  in  relation  to  Armstrong  Academy. 

Approved  November,  1 855. 


AN  ACT  requiring  the  census  to  be  taken,  etc. 

SEC.  50. — Be  it  enacted  by  the  General  Council  of  the  Choctaw 
Nation  assembled,  That  the  Chiefs  be  and  are  hereby  author- 
ized to  direct  the  County  Judges  to  take  the  census  of  the 
people  in  their  respective  districts  before  the  first  day  of 
July,  1856,  whose  services  shall  be  determined  and  be  paid 
by  the  General  Council. 

Approved  November,  1855. 


NOTES. 


Nan  compos  mentis — "  not  of  sound  mind." 

Instanter — immediately ;  without  delay. 

Tabular — set  down  in  tables  ;  set  in  squares. 

Writ  of  error — is  a  writ  founded  on  an  alleged  error  in  judg- 
ment, which  carries  the  suit  to  another  Court 
for  redress. 

Supersedeas — is  a  writ  or  command  to  suspend  the  powers  of 
an  officer  in  certain  cases,  or  to  stay  proceed- 
ings. 

Habeas  corpus — is  a  writ  for  delivering  a  person  from  false 
imprisonment,  or  for  removing  a  person  from 
one  court  to  another. 

Certiorari — is  a  writ  issuing  out  of  a  superior  court,  to  call 
up  the  records  of  an  inferior  court,  or  re- 
move a  cause  there  depending,  that  it  may 
be  tried  in  the  superior  court.  This  writ  is 
obtained  upon  complaint  of  a  party,  that  he 
has  not  received  justice,  or  that  he  cannot 
have  an  impartial  trial  in  the  inferior  court. 

Ne  exeat — is  a  writ  to  prevent  a  person  from  going  out  of 
the  Nation,  without  license 

Crier — the  crier  of  a  court  is  an  officer  whose  duty  is  to 
open  or  adjourn  the  court,  keep  silence,  etc. 

Over  and  Terminer—a,  court  constituted  to  inquire,  hear  and 
determine  all  treasons,  felonies  and  misde- 
meanors. 


494  NOTES. 

Mandamus — is  a  writ  issuing  from  some  of  the  higher  courts, 
directed  to  any  person,  corporation,  or  infe- 
rior court,  requiring  them  to  do  some  act 
therein  specified,  which  appertains  to  their 
office  and  duty ;  as  to  admit  or  restore  a 
person  to  an  office  or  franchises,  or  to  deliver 
papers,  annex  a  seal  to  a  paper,  etc. 

Subpcena — a  writ  commanding  the  attendance  in  court  of  the 
person-  on  whom  it  is  served,  as  witnesses,  etc. 

Venire  facias — a  writ  directed  to  the  sheriff,  requiring  him  to 
summon  twelve  men,  to  try  an  issue  between 
parties.  It  is  also  a  writ  in  the  nature  of 
the  summons  to  cause  the  party  indicted  on 
a  penal  statute  to  appear. 

Ex  parte — "on  one  part;"  as,  ex  parte  evidence,  that  which  is 
brought  forward  by  one  side  only. 

fieri  facias — a  writ  for  one  who  has  recovered  a  debt, 
damages  or  costs,  commanding  the  sheriff  to 
levy  the  same  on  the  goods  of  him  against 
whom  the  recovery  was  had. 

Surcharge — to  overload. 

Femmes  covert — married  women. 

Ad  litem — Guardian  to  defend  a  minor  sued. 

Affinity — relationship  by  marriage. 

Consanguinity — relationship  by  blood. 

Nisi — a  conditional  judgment. 

Pro  tempore — for  the  time  being. 

TaUy — to  score  with  correspondent  marks ;  to  put  down  a 
mark  for  each  vote  cast. 


INDEX. 


FAGS 

Constitution 5 

Amendments  to  the  Constitution. . . 26 

Treaty  of  1 855 27 

Treaty  of  1865 407 

Treaty  of  1866 37 

Laws  of  the  Choctaw  Nation 69 

AN  ACT 

Killing  a  person  for  a  witch,  etc 69 

Respecting  wills 69 

Forbidding  compensation  for  damages  done  by  stock  where  fence  is 

not  lawful 70 

What  constitutes  lawful  matrimony 70 

Owners  of  hogs  responsible  for  damages  done,  etc 71 

To  intermarry  without  regard  to  Iksa 71 

Forbidding  the  obstructing  roads,  etc 71 

White  men  to  obtain  a  permit  who  may  wish  to  work  in  the  Nation  72 

To  return  property  stolen  from  citizens  of  the  United  States 72 

Preventing  other  Indians,  not  a  Choctaw,  to  settle  in  the  Nation. . .  73 

Respecting  pay  of  Indian  doctors 73 

Any  person  leaving  the  fence  of  another  down  liable  to  a  fine 73 

In  relation  to  salt  works 74 

Improvements,  how  near 74 

The  punishment  for  selling  the  country  without  authority 75 

Respecting  the  right  of  property  in  dispute 75 

Pistols  of  the  light-horse,  where  made  the  property  of  the  Nation. . .  76 

White  men  marrying  in  the  Nation,  etc 76 

Clerks  and  judges  to  keep  records  of  the  courts 77 

Punishment  for  incendaries  and  accessories 77 

Punishment  for  false  swearing 78 

Permitting  Mrs.  Ward  and  family  and  John  and  William  Cooper  to 

remain  in  the  Nation 78 

Respecting  public  schools 78 

Attendance  of  light-horse  men  at  the  schools 81 

Requiring  the  return  of  runaway  children  from  schools 81 

Concerning  students  incapable  of  learning. 82 


496  INDEX. 

AN  ACT  PAGE 

Trading  house  not  to  be  located  near  schools 82 

•     Regulations  of  the  schools  to  be  laid  before  the  Council 82 

Punishment  for  cutting  down  hickory  trees,  etc 83 

Prohibiting  riding  strays  out  of  the  Nation 83 

Punishment  of  assault  and  battery 83 

Relating  to  all  strays,  etc 84 

Stray  pen  to  be  made ,....! 86 

Judges  to  preserve  order  in  court 87 

Trustees  to  examine  the  accounts  of  schools 87 

Forbidding  free  negroes  to  have  any  share  in  the  annuity 88 

To  remove  some  Indians  out  of  the  Nation 88 

Spencer  Academy  and  Norwalk  schools,  etc 89 

Requiring  runaway  children  from  schools  to  return  clothes  to  the 

institution 89 

Providing  punishment  for  disturbing  religious  devotion 90 

Pay  of  witnesses  summoned,  etc 90 

Requiring  certain  qualification  for  judgeship 90 

Concerning  forgery 91 

Punishment  for  rape 91 

Forbidding  driving  stock  out  of  their  range 91 

Respecting  witnesses  failing  to  attend  courts  when  summoned 92 

Granting  rights  and  privileges  to  certain  Cherokees 92 

Punishment  for  separating  man  and  wife 93 

Punishment  for  disturbing  the  peace  of  families 93 

Concerning  the  discipline  of  Spencer  Academy 93 

Empowering  the  Chief  to  call  on  the  other  chiefs  for  assistance 94 

Guardians  to  be  appointed  for  orphan  minors 94 

Granting  to  new  emigrants  equal  rights 96 

Officers  of  this  Nation  selling  whisky  are  liable  to  impeachment —  96 

Providing  pay  for  stock  killing  one  another 97 

Stud,  Jack,  or  Jack  mule  to  be  altered 97 

Charge  to  j urors  by  the  judge 98 

Summoned  jurors,  how  considered  guilty  of  misdemeanor 98 

Respecting  persons  dying  intestate  or  without  a  will   99 

Married  persons  each  to  retain  the  right  of  their  property 100 

Authorizing  light-horse  men  to  call  any  citizen  to  their  aid 100 

Setting  apart  the  sum  of  $555.56  for  the  support  of  neighborhood 

schools 101 

Guardian  to  sell  the  property  of  orphans,  etc 101 

Providing  for  a.n.  arbitration 102 

Concerning  the  examination  of  public  schools 102 

Witnesses  to  be  kept  separate 102 

Guardians  to  be  appointed  for  idiots 103 


INDEX.  497 

ACT  PAGK 

Prohibiting  white  men  to  raise  stock  in  the  Nation 103 

Citizens  interfering  with  the  light-horse  men  are  liable  to  a  fine 103 

Liberating  a  Creek  Indian  woman 104 

Owners  of  stray  property  proving  their  property,  etc 104 

Punishment  for  any  person  marrying  runaway  matches 105 

Punishment  for  polygamy 105 

Compelling  white  man  living  with  an  Indian  woman,  not  married, 

to  marry  her  lawfully 106 

Pay  of  citizens  assisting  light-horse  men,  etc 106 

Conferring  citizenship  on  John  McGilbury 106 

Judges  not  to  put  off  a  trial  without  sufficient  cause 108 

Non-marked  cattle,  two  years  old  and  upward,  to  be  posted  as  strays  108 

Empowering  chiefs  to  offer  rewards  for  outlaws 109 

Dividing  Pushamataha  District  into  counties 109 

Dividing  Mosholatubbee  District  into  counties 110 

Dividing  Apukshanubbee  District  into  counties Ill 

Prescribing  the  proceedings  in  county  courts 113 

Punishment  for  murdering  a  murderer  in  custody. ...    115 

Judges  and  preachers  of  the  Gospel  to  solemnize  marriages 115 

At  what  age  marriage  to  be  contracted 116 

Appropriating  unclaimed  orphan  fund  117 

Ratifying  an  act  of  U.  S.  Congress : 118 

Changing  court  ground  in  Mosholatubbee  District 118 

Appropriating  residue  of  funds  arising  under  the  treaty  of  1830. . . .  119 

Respecting  cripples,  idiotic,  etc 122 

Providing  pay  of  judges  called  to  sit  temporarily 122 

Repealing  certain  act  therein  named 122 

Changing  places  of  holding  county  court  in  Gaines  County 123 

Respecting  licenses  of  attorneys-at-law 123 

Naturalizing  certain  persons  therein  named 125 

Punishment  for  horse-racing  on  Sunday 125 

To  amend  the  various  acts  in  relation  to  education  and  other  pur- 
poses   126 

Placing  forty-youth  funds  in  the  hands  of  superintendents  and  trus- 
tees.'     ..  130 

Changing  the  name  of  Tiger  Spring  County. 130 

Establishing  additional  precinct  in  Skullyville  County 131 

Establishing  two  election  precincts  in  Sugar  Loaf  County 131 

Giving  James  McClean  the  privilege  of  erecting,  etc 132 

Imposing  fines  for  disturbing  religious  services 132 

Establishing  two  election  precincts  in  Kiamichi  County 133 

Exempting  certain  properties  from  seizures 136 

Requiring  all  free  males  to  work  on  the  roads 137 

12 


498  INDEX. 

AN  ACT  PAOB 

Establishing  two  election  precincts  in  Towson  County , .  138 

Giving  mileage  to  judges  of  Supreme  Courts 140 

For  the  benefit  of  idiotic  persons 140 

Granting  Samuel  Allen  a/privilege  to  build  a  toll-bridge  across  Po- 


teau  River. 


140 

To  prevent  persons  intos  icated  to  disturb  public  assemblies 141 


Changing  the  boundary. 


Directing  disposition  of 

of  the  treaty  of  1855 

Directing  chiefs  to  assess 


f  Wade  County 142 


Changing  the  court  grou  nd  of  Skullyville  County 143 

Ratifyfng  the  treaty  of  J  mp  22d,  1855 144 


'unds  due  Choctaws  under  various  articles 


145 


li  tax  on  licensed  traders 149 

Requiring  persons  to  recc  rd  marks 149 

Providing  pay  for  commissioners  of  orphan  claims. 151 

Changing  election  precin6ts  in  Cedar  County 151 

Making  appropriations  for  new  buildings  at  Armstrong  Academy. . .  151 

Appropriating  money  to  pay  commissioners  of  orphan  claims 152 

In  relation  to  new  buildings  at  Armstrong  Academy 153 

'  Giving  greater  privileges  to  the  Catawbas 153 

Legitimatizing  the  children  of  William  and  Jane  Guy 153 

To  change  the  names  and  legitimatize  certain  persons  therein  named  154 

Providing  for  and  directing  the  manner  of  taking  the  census 154 

Repealing  two  acts,  and  making  special  appropriation  for  a  new  build- 
ing at  Armstrong  Academy 157 

Appropriating  certain  sums  of  money  for  certain  purposes  therein 

named 159 

Placing  a  certain  sum  of  money  in  the  hands  of  the  governor  for  con- 
tingent purposes 160 

Fixing  pay  for  trustees  of  public  schools 161 

To  prevent  the  introduction  and  use  of  intoxicating  liquors  in  the 

Choctaw  Nation 163 

Establishing  fees  of  certain  officers  therein  named 166 

Altering  and  defining  the  boundary  of  Jack's  Fork  County 171 

Regulating  the  manner  of  constituting  juries  and  pay  of  jurors 171 

To  prevent  the  holding  of  unlawful  elections,  etc 175 

Appropriating  certain  sum  to  Iskitini  Humma 176 

To  have  the  laws  translated  and  printed 176 

To  compensate  T.  Watkins  for  the  use  of  his  house 177 

•Conferring  citizenship  upon  certain  Bluksha  Indians  therein  named.   178 

P.roviding  payment  to  Joseph  Smedley 179 

Appropriation  for  the  heirs  of  John  Lewis,  deceased, 180 

to  T.  J.Bond .  180 


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